Guidelines Establishing Test Procedures for the Analysis of Pollutants; Measurement of Mercury in Water; Notice of Data Availability and Request for Comment

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 136

[FRL-6307-3]

Guidelines Establishing Test Procedures for the Analysis of

Pollutants; Measurement of Mercury in Water; Notice of Data

Availability and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability and request for comment.

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SUMMARY: On May 26, 1998 (63 FR 28867), EPA proposed to amend the

Guidelines Establishing Test Procedures for the Analysis of Pollutants

under section 304(h) of the Clean Water Act by adding EPA Method 1631:

Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic

Fluorescence. EPA Method 1631 measures mercury reliably at the low

levels associated with ambient water quality criteria for mercury. The

comment period on the proposal closed on July 29, 1998. EPA obtained

additional effluent and environmental data after the close of the

comment period and intends to consider these data in its final

rulemaking concerning the use of EPA Method 1631. Therefore, EPA is

making these additional data available for public review and comment.

DATES: Written comments on this notice must be submitted on or before

April 5, 1999.

ADDRESSES: Written or electronic comments on this notice may be

submitted. Written comments on this notice may be sent to ``EPA Method

1631-Notice of Data Availability,'' Comment Clerk, Water Docket MC-

4101, Environmental Protection Agency, 401 M Street, S.W., Washington,

D.C.

[[Page 10597]]

20460. Commenters are requested to submit any references cited in their

comments. Commenters also are requested to submit an original and three

copies of their written comments and enclosures. Commenters who want

receipt of their comments acknowledged should include a self-addressed,

stamped envelope. No facsimiles (faxes) will be accepted.

Electronic comments should be addressed to the E-mail address: ow-

[email protected]. Electronic comments must be submitted as an

ASCII file and avoid use of special characters and any form of

encryption, or may be submitted in WordPerfect 5.1 or 6.1. Electronic

comments must be identified as ``EPA Method 1631-Notice of Data

Availability.'' Electronic comments on this notice may be filed online

at many Federal Depository Libraries. Electronic comments will be

transferred into a paper version for the official record. EPA will

attempt to clarify electronic comments if there is an apparent error in

transmission.

A copy of the supporting documents and data received by the Agency

during and pursuant to the comment period for the proposed rule are

available for review at EPA's Water Docket, Room EB57, 401 M Street,

S.W., Washington, D.C. 20460. For access to the Docket materials, call

(202) 260-3027 between 9:00 a.m. and 3:30 p.m. Eastern Time for an

appointment.

The complete text of this Federal Register notice and EPA Method

1631 may be viewed or downloaded on the Internet at http://www.epa.gov/

ost/rules.

FOR FURTHER INFORMATION CONTACT: Dr. Maria Gomez-Taylor,U.S.

Environmental Protection Agency, Office of Science and Technology,

Engineering and Analysis Division (4303), 401 M Street, S.W.,

Washington, D.C., 20460, or call (202) 260-1639.

SUPPLEMENTARY INFORMATION:

On May 26, 1998 (63 FR 28867), EPA proposed to add EPA Method 1631:

Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic

Fluorescence to 40 CFR Part 136 for National Pollutant Discharge

Elimination System (NPDES) data gathering and compliance monitoring

under the Clean Water Act (CWA). Mercury is a toxic pollutant as

defined in Section 307(a)(1) of the CWA and at 40 CFR 401.16 and is a

priority pollutant as listed in 40 CFR Part 423, Appendix A. EPA Method

1631 was proposed under the authority of Sections 301, 304(h), and

501(a) of the CWA. The Agency developed EPA Method 1631 in order to

measure mercury reliably at the low levels associated with ambient

water quality criteria (WQC) for mercury included in the National

Toxics Rule (40 CFR 131.36) and Water Quality Guidance for the Great

Lakes System (60 FR 15366). A further description of the development

and validation of EPA Method 1631 is provided in the proposed rule.

Following the close of the comment period, the Agency obtained

additional analytical data pertinent to EPA Method 1631. The additional

data consist of results from laboratory studies and municipal and

industrial effluent analyses conducted using EPA Method 1631. This

notice makes available for public review and comment these analytical

data. Generally, the data supplements existing data by demonstrating

the applicability of EPA Method 1631 to a variety of municipal and

industrial effluents. The Agency intends to consider these additional

data in formulating the final rule for the use of EPA Method 1631.

Today's notice solicits comments only on the new data which confirm

or refute the Agency's findings about the acceptability of EPA Method

1631 for the determination of mercury at the low levels associated with

Water Quality Criteria. Specifically, the Agency seeks comment on the

use of EPA Method 1631 to accurately measure mercury at low levels in a

variety of water matrices based on the new data. The Agency does not

intend to reopen the comment period on the entire proposed rule.

Therefore, there is no need to submit comments on other aspects of the

proposal.

The Agency does not interpret the new data as warranting any

modification of the proposed rule nor do they indicate a reason to

change the Agency's rationale for proposing EPA Method 1631. The Agency

believes that these data support the Agency's conclusion that EPA

Method 1631 is applicable to a variety of water effluents including

municipal and industrial effluents.

Dated: March 1, 1999.

J. Charles Fox,

Assistant Administrator for Water.

[FR Doc. 99-5493 Filed 3-4-99; 8:45 am]

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