Hazardous Waste Management System; Testing and Monitoring: Federal Register: EPA

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Hazardous Waste Management System; Testing and Monitoring

[Federal Register: July 25, 1995 (Volume 60, Number 142)] [Proposed Rules]
[Page 37974-37980]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 264, and 265

[FRL-5263-3]

Hazardous Waste Management System; Testing and Monitoring Activities

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection Agency (EPA or Agency) is proposing to revise certain testing methods used in complying with the requirements of subtitle C of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended. EPA also is proposing to add several new testing methods that may be used in complying with the requirements of subtitle C of RCRA. These new and revised methods, designated as Update III, are proposed to be added to the Third Edition of the EPAapproved test methods manual ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846. In addition, EPA proposes to delete several obsolete methods from SW-846 and the RCRA regulations. The intent of this action is to provide state-of-the-art analytical technologies for RCRA-related testing and thus promote cost effectiveness in choosing analytical test methods.

DATES: Comments on this proposed rule must be submitted on or before September 25, 1995.

ADDRESSES: The public should submit an original and two copies of their comments on this proposed rule to the Docket Clerk (OS-305), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460. The official record for this rulemaking (Docket No. F-95-WT3PFFFFF) is located at the above address in Room M-2616, and is available for viewing from 9 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays. The public must make an appointment to review docket materials by calling (202) 260-9327. The public may copy a maximum of 100 pages of material from any one regulatory docket at no cost; additional copies cost $0.15 per page.
Copies of the Third Edition of SW-846, as amended by Updates I, II, IIA, and IIB, and the proposed Update 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 and its updates are also available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650.

FOR FURTHER INFORMATION CONTACT: For general information contact the RCRA Hotline at (800) 424-9346 (toll free) or call (703) 412-9810; or, for hearing impaired, call TDD (800) 553-7672 or TDD (703) 412-3323. For technical information, contact Kim Kirkland or Barry Lesnik, Office of Solid Waste (5304), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460, (202) 260-4761.

SUPPLEMENTARY INFORMATION:

Preamble Outline

I. Authority
II. Background Summary and Regulatory Framework III. Proposal
A. Revised Methods and Chapters
B. New Methods
C. Deletion of Obsolete Methods
D. Request for Comment Only on Certain Sections of Method 9095A E. Deleting References to Method 8240 in Secs. 264.1034(d)(iii) and (f), 264.1063(d)(2), 265.1034(d)(1)(iii) and (f), and 265.1063(d)(2)
IV. State Authority
V. Regulatory Analyses
A. Executive Order 12866
B. Unfunded Mandates Reform Act
C. Regulatory Flexibility Act
D. Paperwork Reduction Act

I. 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 Act of 1976 (commonly known as RCRA), as amended (42 U.S.C. 6905,

[[Page 37975]]
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) and that are required for specific regulations as discussed below. These methods are intended to promote accuracy, sensitivity, specificity, precision, and comparability of analyses and test results. In situations where the regulations require the use of appropriate SW- 846 methods, the regulations specify use of the Third Edition of EPA's SW-846 manual as amended by Updates I, II, IIA, and IIB. SW-846 will be amended further to include the new and revised methods contained in this proposed Update III, and to delete those methods deemed obsolete in this proposal, if this proposal is adopted in final form. Several of the hazardous waste regulations under subtitle C of RCRA require that specific testing methods described in SW-846 be employed for certain applications. Any reliable analytical method may be used to meet other requirements in 40 CFR parts 260 through 270. Listed below are a number of provisions found in 40 CFR parts 260 through 270 that require use of a specific method for a particular application, or the use of appropriate SW-846 methods in general: (1) Section 260.22(d)(1)(i)--Submission of data in support of petitions to exclude a waste produced at a particular facility (i.e., delisting petitions);
(2) Section 261.22(a)(1) and (2)--Evaluation of a waste against the corrosivity characteristic;
(3) Section 261.24(a)--Leaching procedure for evaluation of a waste against the toxicity characteristic;
(4) Section 261.35(b)(2)(iii)(A)--Testing rinsates from wood preserving cleaning processes;
(5) Sections 264.190(a), 264.314(c), 265.190(a), and 265.314(d)-- Evaluation of a waste to determine if free liquid is a component of the waste;
(6) 264.1034(d)(1)(iii) and 265.1034(d)(1)(iii)--Testing total organic concentration for monitoring compliance with air emission standards for process vents;
(7) 264.1063(d)(2) and 265.1063(d)(2)--Testing total organic concentration for monitoring compliance with air emission standards for equipment leaks;
(8) Section 266.106(a)--Analysis in support of compliance with standards to control metals emissions from burning hazardous waste in boilers and industrial furnaces;
(9) Section 266.112(b)(1) and (2)(i)--Certain analyses in support of exclusion from the definition of a hazardous waste of a residue which was derived from burning hazardous waste in boilers and industrial furnaces;
(10) Section 268.32(i)--Evaluation of a waste to determine if it is a liquid for purposes of certain land disposal prohibitions; (11) Sections 268.40(a), (b) and (f), 268.41(a), and 268.43(a)-- Leaching procedure for evaluation of waste extract to determine compliance with land disposal treatment standards; (12) Section 268.7(a)--Leaching procedure for evaluation of a waste to determine if the waste is restricted from land disposal; (13) Sections 270.19(c)(1)(iii) and (iv), and 270.62(b)(2)(i)(C) and (D)--Analysis and approximate quantification of the hazardous constituents identified in the waste prior to conducting a trial burn in support of an application for a hazardous waste incineration permit; and
(14) Sections 270.22(a)(2)(ii)(B) and 270.66(c)(2)(i) and (ii)-- Analysis conducted in support of a destruction and removal efficiency (DRE) trial burn waiver for boilers and industrial furnaces burning low-risk wastes, and analysis and approximate quantification conducted for a trial burn in support of an application for a permit to burn hazardous waste in a boiler and industrial furnace. 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 responding to RCRA-related sampling and analysis requirements.
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 and periodically incorporated into SW-846 to support changes in the regulatory program and to improve method performance. Update III represents such an incorporation. Therefore, EPA solicits any available data and information that may affect the usefulness of SW-846.

III. Proposal

A. Revised Methods and Chapters

The Agency is today proposing to revise several methods contained in the Third Edition ^{1 of SW-846 and its Updates I, II, IIA, and
IIB, as incorporated by reference into 40 CFR 260.11(a). These proposed
revisions would improve the methods and provide additional performance
information for each method. The Agency is also proposing to revise SW-
846 Chapters Two, Three, Four, Five, Six, and Ten to incorporate new
methods and method revisions into SW-846.}

\1\ For an exception, see footnote number 1 of Table 1.

Table 1 lists the 37 methods and the six chapters that are proposed for revision. The revised methods and chapters are available from the Government Printing Office (GPO) and the National Technical Information Service (NTIS), and are part of the official docket for this rulemaking. For comparison purposes, original versions of the methods and chapters before these revisions can be found in Docket Nos. F-93- WTMF-FFFFF (Third Edition and Update I) and F-94-WT2F-FFFFF (Update II). The revised methods of proposed Update III can be found in Docket No. F-95-WT3P-FFFFF. Those with SW-846 subscriptions can refer to their copies of the Third Edition of SW-846 as amended by Updates I, II, IIA, and IIB; and to their copy of proposed Update III. The Agency is soliciting comments on all parts of each revised method, with the exception of Method 9095A for the reasons explained in section III.D of this proposed rule.
In its ongoing program to promote pollution prevention, the Agency notes that eighteen (see method numbers identified by an asterisk in Table 1) of the organic sample preparatory and cleanup methods which are proposed to be revised in Update III of SW-846 utilize a modified Kuderna-Danish (K-D) apparatus to concentrate sample extracts and minimize the evaporation of extraction solvents into the air. Specifically, the modified K-D apparatus in these methods includes a solvent recovery system. The recovered solvent can be properly disposed instead of released to the air as previously done. (Note: The K-D apparatus found in new Methods 3535 and 3542 of proposed Update III also include this pollution prevention improvement.)

[[Page 37976]]

B. New Methods

The Agency is today proposing to add 61 new methods to the Third Edition of SW-846 (Table 2). If finalized, these new methods will provide additional flexibility in method selection and also may be used during the analyses of some analytes for which other SW-846 methods may be less than adequate performers. These new methods are available from GPO and NTIS, and are part of the official docket for this rulemaking. The Agency is soliciting comments on all sections of these methods. EPA's Office of Solid Waste is also considering adopting the Environmental Monitoring Management Council (EMMC) format for use with new SW-846 methods in a future proposed revision (other than Update III) to SW-846. As part of its efforts to promote consolidation and integration between EPA Program Offices, the EMMC developed the consensus format for analytical methods. The Agency plans to consider adopting this format to be consistent with an intra-agency effort to achieve uniformity in analytical method format among all Agency programs. The use of this new format for new methods of SW-846 will be proposed per comment in a future rulemaking. The Agency is not soliciting comment at this time on its plans to adopt the EMMC format.

C. Deletion of Obsolete Methods

The Agency is also proposing today to delete sixteen obsolete methods (Table 3) from the Third Edition of SW-846, for the reasons delineated in the following paragraphs. The Agency is soliciting comments on the removal of the methods from SW-846. Fourteen packed column gas chromatographic (GC) methods are 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. Capillary columns have an inherently greater ability to separate analytes than packed columns. 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). These packed column GC methods are 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).
Method 9200, the brucine-sulfanilamide method for nitrate determination, is proposed for deletion because it generates unreliable results. It was recently demonstrated to be unreliable by both the Agency's Environmental Monitoring Systems Laboratory in Cincinnati (EMSL-Ci) and the American Water Works Association (AWWA). The unstable nature of the analytical reagents and excessively tight temperature control requirements were among the factors contributing to the method's unreliability. In fact, on December 15, 1993 (58 FR 65622), the Agency proposed to remove Method 353.1 (EPA 600/4-79-020, ``Methods for the Chemical Analysis of Water and Wastes'') which contains a brucine-sulfanilic acid procedure. Method 419 D, a brucine-sulfanilic acid method, was also removed by the American Water Works Association from the publication ``Standard Methods for the Examination of Water and Wastewater'', Fifteenth Edition. Therefore, to be consistent with these and any other related Agency actions, the Agency is proposing to remove Method 9200 from SW-846. In the rare cases where nitrate is a target analyte for RCRA-related analyses, the regulated community may use Method 9056--The Determination of Inorganic Anions by Ion Chromatography (currently in SW-846). Another appropriate method may be Method 9210--Nitrate in Aqueous Samples by Ion-Selective Electrode, which is a proposed Update III method and listed in Table 2 of this notice. Alternative methods are also available from other sources, including, but not limited to, the ``Annual Book of ASTM Methods'' (American Society for Testing and Materials, Philadelphia, PA); ``Standard Methods for the Examination of Water and Wastewater'' (Eighteenth Edition, 1992, American Public Health Association, the American Water Works Association, and the Water Environment Federation, Washington, DC); and the Office of Water methods manual ``Methods for the Chemical Analysis of Water and Wastes'' (EPA, March 1983, NTIS PB84-128677)
Method 9252A--Chloride (Titrimetric, Mercuric Nitrate) is proposed to be deleted from SW-846 as part of the Agency's ongoing efforts to promote pollution prevention measures. Although the method does give reliable results, it can generate a mercury-containing RCRA hazardous waste, which may cause disposal or contamination problems for the laboratory. Several alternative methods for the determination of chloride are available both in SW-846 (e.g., Methods 9250, 9251 and 9253) and from other sources including, but not limited to, the ``Annual Book of ASTM Methods'' (American Society for Testing and Materials, Philadelphia, PA), ``Standard Methods for the Examination of Water and Wastewater'' (Eighteenth Edition, 1992, American Public Health Association, the American Water Works Association, and the Water Environment Federation, Washington, DC), and the Office of Water methods manual, ``Methods for the Chemical Analysis of Water and Wastes'' (EPA, March 1983, NTIS PB84-128677).

D. Request for Comment Only on Certain Sections of Method 9095A

Revised Method 9095A (``Paint Filter Liquids Test'') contains revisions to sections 6.2, 7.2, 7.3 and 7.4 that provide direction on how to prepare sorbent materials that do not conform to the shape of the paint filter. This direction is intended to facilitate use of the method for the testing of containerized liquids to which sorbents have been added before land disposal. The Agency adopted Method 9095A for this purpose on November 18, 1992 (see 57 FR 54452, the ``Liquids in Landfills'' rule). Method 9095A also contains a new section 3.2 which clarifies use of the method during freezing conditions. The Agency is requesting comment only on the sections of Method 9095A listed above, is not requesting comment on other sections of the method (which were not revised), and is also not requesting comment on method appropriateness for free liquid determinations.

E. Deleting References to Method 8240 in Secs. 264.1034(d)(iii) and (f), 264.1063(d)(2), 265.1034(d)(1)(iii) and (f), and 265.1063(d)(2)

The Agency is proposing to delete all references to Method 8240 (Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry) of SW-846 found in 40 CFR 264.1034(d)(1)(iii) and (f), 264.1063(d)(2), 265.1034(d)(1)(iii) and (f), and 265.1063(d)(2) of the RCRA regulations. The Agency is proposing this action because a method involving the determination of volatile organic compounds (e.g., Method 8240 or 8260) is not an appropriate method alternative for the total organic carbon analysis addressed by 40 CFR 264.1034(d)(1)(iii) and (f), 264.1063(d)(2), 265.1034(d)(1)(iii) and (f), and 265.1063(d)(2), since it exhibits no direct correlation with analytical results obtained using Method 9060. In addition, Method 8240 is a packed column method and, for the reasons

[[Page 37977]]
explained in section III.C of this proposal, the Agency is removing Method 8240 (and all other packed column methods) from SW-846.

Table 1.--List of Proposed Revised Methods and Chapters

Method No.                              Title

Chapter Two--Choosing the Correct Procedure

            Chapter Three--Metallic Analytes                            
            Chapter Four--Organic Analytes                              
            Chapter Five--Miscellaneous Test Methods                    
            Chapter Six--Properties                                     
            Chapter Ten--Sampling Methods

3040A..... Dissolution Procedure for Oils, Greases, or Waxes 3050B..... Acid Digestion of Sediments, Sludges, and Soils 3060A \1\. Alkaline Digestion for Hexavalent Chromium

3500B.....  Organic Extraction and Sample Preparation

3510C*.... Separatory Funnel Liquid-Liquid Extraction

3520C*....  Continuous Liquid-Liquid Extraction                         
3540C*....  Soxhlet Extraction                                          
3550B*....  Ultrasonic Extraction                                       
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

4010A..... Screening for Pentachlorophenol by Immunoassay

5030B.....  Purge-and-Trap for Aqueous Samples

5041A..... Analysis of Sorbent Cartridges from Volatile Organic Sampling Train (VOST): Capillary GC/MS Technique 6010B..... Inductively Coupled Plasma--Atomic Emission Spectroscopy

8000B.....  Determinative Chromatographic Separations                   
8015B.....  Nonhalogenated Organics Using GC/FID

8021B..... Halogenated Volatiles by Gas Chromatography Using Photoionization and Electrolytic Conductivity Detectors in

             Series: Capillary Column Technique                         
8032A*....  Acrylamide by Gas Chromatography

8061A*.... Phthalate Esters by Capillary Gas Chromatography with

             Electron Capture Detection (GC/ECD)                        
8070A*....  Nitrosamines by Gas Chromatography

8081A..... Organochlorine Pesticides by Capillary Column Gas

             Chromatography

8151A*.... Chlorinated Herbicides by GC Using Methylation or Pentafluorobenzylation Derivatization: Capillary Column

             Technique

8260B..... Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS): Capillary Column Technique 8270C..... Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS): Capillary Column Technique 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) 8315A*.... Determination of Carbonyl Compounds by High Performance

             Liquid Chromatography (HPLC)

8321A*.... Solvent Extractable Non-Volatile Compounds by High Performance Liquid Chromatography/Thermospray/Mass Spectrometry (HPLC/TS/MS) or Ultraviolet (UV) Detection 9012A..... Total and Amenable Cyanide (Colorimetric, Automated UV)

9050A.....  Specific Conductance

9095A..... Paint Filter Liquids Test (sections 3.2, 6.2, 7.2, 7.3, and

             7.4)

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).

Indicates method revisions which include a modification to a KudernaDanish (K-D) apparatus to promote pollution prevention. \1\ Method 3060, ``Alkaline Digestion for Hexavalent Chromium,'' was in the Second Edition of SW-846, but was not included in SW-846, Third Edition, due to perceived poor performance. The method has since been extensively studied, modified, and validated, and Method 3060A is now being proposed for inclusion as a revised method to SW-846.

Table 2.--List of New Methods Proposed for Addition to SW-846

Method No.                              Title

0011...... Sampling for Formaldehyde Emissions from Stationary Sources 0023A \1\. 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<Register> ^{Bags
0050...... Isokinetic HCl/Cl_{2 Emission Sampling Train
0051...... Midget Impinger HCl/Cl_{2 Emission Sampling Train
0060...... Determination of Metals in Stack Emissions
0061...... Determination of Hexavalent Chromium Emissions from
Stationary Sources

0100...... Sampling for Formaldehyde and Other Carbonyl Compounds in
Indoor Air
1030...... Ignitability of Solids
1120...... Dermal Corrosion

3031...... Acid Digestion of Oils for Metals Analysis by FLAA or ICP
Spectroscopy

3052...... Microwave Assisted Acid Digestion of Siliceous and
Organically Based Matrices
3535*..... Solid Phase Extraction (SPE)

3542*..... Extraction of Semivolatile Analytes Collected Using Modified
Method 5 (Method 0010) Sampling Train
3545...... Accelerated Solvent Extraction (ASE)

3560...... Supercritical Fluid Extraction of Total Recoverable
Petroleum Hydrocarbons (TRPH)

3561...... Supercritical Fluid Extraction of Polynuclear Aromatic
Hydrocarbons
3585...... Waste Dilution for Volatile Organics
4000...... 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 (PAHs)
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 Water and Soils by Immunoassay
4051...... Hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX) in Soil and
Water by Immunoassay

[[Page 37978]]

5000...... Sample Preparation for Volatile Organic Compounds
5021...... Volatile Organic Compounds in Soils and Other Solid Matrices
Using Equilibrium Headspace Apparatus

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

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 (P_{4) by Solvent Extraction and Gas
Chromatography

8033...... Acetonitrile by Gas Chromatography with Nitrogen-Phosphorus
Detection

8041...... Phenols by Gas Chromatography: Capillary Column Technique
8082...... Polychlorinated Biphenyls (PCBs) by Capillary Column Gas
Chromatography

8091...... Nitroaromatics and Cyclic Ketones: Capillary Column
Technique
8111...... Haloethers: Capillary Column Technique

8131...... Aniline and Selected Derivatives by GC: Capillary Column
Technique

8325...... Solvent Extractable Non-Volatile Compounds by High
Performance Liquid Chromatography/Particle Beam/Mass
Spectrometry (HPLC/PB/MS)

8332...... Nitroglycerine by High Performance Liquid Chromatography
8430...... Analysis of Bis(2-chloroethyl)ether Hydrolysis Products by
Direct Aqueous Injection GC/FT-IR

8440...... Total Recoverable Petroleum Hydrocarbons by Infrared
Spectrophotometry

8515...... Colorimetric Screening Method for Trinitrotoluene (TNT) in
Soil

8520...... Continuous Measurement of Formaldehyde in Ambient Air
9023...... Extractable Organic Halides (EOX) in Solids
9057...... Determination of Chloride from HCl/HCl_{2 Emission Sampling
Train (Methods 0050 and 0051) by Anion Chromatography
9078...... Screening Test Method for Polychlorinated Biphenyls in Soil
9079...... Screening Test Method for Polychlorinated Biphenyls in
Transformer Oil

9210...... Potentiometric Determination of Nitrate in Aqueous Samples
with Ion-Selective Electrode

9211...... Potentiometric Determination of Solubilized Bromide in
Aqueous Samples with Ion-Selective Electrode
9212...... Potentiometric Determination of Chloride in Aqueous Samples
with Ion-Selective Electrode

9213...... Potentiometric Determination of Solubilized 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

*Includes a Kuderna-Danish (K-D) apparatus with a solvent recovery
system to promote pollution prevention.

\1\ This method is an updated version of the ``Method 23'' currently
found in 40 CFR part 60, Appendix A. Therefore, the Agency has added
the ``A'' suffix to indicate that Method 0023A of SW-846 is revised
from Method 23 of 40 CFR part 60.

Table 3.--List of Methods Proposed for Removal from SW-846

Method No. Title

5040A..... Analysis of Sorbent Cartridges from Volatile Organic
Sampling Train (VOST): Gas Chromatography/Mass Spectrometry
Technique

8010B..... Halogenated Volatile Organics by Gas Chromatography
8020A..... Aromatic Volatile Organics by Gas Chromatography
8030A..... Acrolein and Acrylonitrile by Gas Chromatography
8040A..... Phenols by Gas Chromatography
8060...... Phthalate Esters

8080A..... Organochlorine Pesticides and Polychlorinated Biphenyls by
Gas Chromatography
8090...... Nitroaromatics and Cyclic Ketones
8110...... Haloethers by Gas Chromatography

8120A..... Chlorinated Hydrocarbons by Gas Chromatography
8140...... Organophosphorus Pesticides

8150B..... Chlorinated Herbicides by Gas Chromatography
8240B..... Volatile Organics by Gas Chromatography/Mass Spectrometry
(GC/MS)

8250A..... Semivolatile Organic Compounds by Gas Chromatography/Mass
Spectrometry (GC/MS)
9200...... Nitrate
9252A..... Chloride (Titrimetric, Mercuric Nitrate)

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).

IV. State Authority

Today's rule, if promulgated, will provide 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 interim or 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.

V. Regulatory Analyses

A. Executive Order 12866

Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), EPA
must determine whether a regulatory action is ``significant'' and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines ``significant regulatory action'' as one that
is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;

(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or

[[Page 37979]]

(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.

The Agency has determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review and the requirements of the
Executive Order.

B. Unfunded Mandates Reform Act

Under section 202 of the Unfunded Mandates Reform Act of 1995 (the
Act), Pub. L. 104-4, which was signed into law on March 22, 1995, 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. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. section
601-612, Pub. L. 96-354, September 19, 1980), whenever an agency
publishes a General Notice of Rulemaking for any proposed or final
rule, it must prepare and make available for public comment a
regulatory flexibility analysis (RFA) that describes the impact of the
rule on small entities (i.e., small businesses, small organizations,
and small governmental jurisdictions). No regulatory flexibility
analysis is required, however, if the head of the Agency certifies that
the rule will not have a significant impact on a substantial number of
small entities.

This rule will not require the purchase of new instruments or
equipment. The regulation requires no new reports beyond those now
required. This rule will not have an adverse economic impact on small
entities since its effect will be 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, in accordance with 5 U.S.C. section
605(b), I hereby certify that this rule will not have a significant
economic impact on a substantial number of small entities. Thus, the
regulation does not require an RFA.

D. Paperwork Reduction Act

There are no additional reporting, notification, or recordkeeping
provisions associated with today's proposed 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.

40 CFR Part 264

Hazardous waste, Insurance, Packaging and containers, Reporting and
recordkeeping requirements, Security measures, Surety bonds.

40 CFR Part 265

Hazardous waste, Insurance, Packaging and containers, Reporting and
recordkeeping requirements, Security measures, Surety bonds, Water
supply.

Dated: May 25, 1995.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste and Emergency Response.

For the reasons set out in the preamble, title 40, Chapter I, of
the Code of Federal Regulations is amended as set forth below:

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

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 amended by revising the ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods'' reference to read
as follows:

Sec. 260.11 References.

(a) * * *

``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]. 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.

* * * *

[[Page 37980]]

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. Section 264.1034 is amended by revising paragraphs (d)(1)(iii)
and (f) 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 of SW-
846 (incorporated by reference under Sec. 260.11 of this chapter).
* * * *

(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, an appropriate procedure referenced in
Sec. 260.11(a) of this chapter may be used to resolve the dispute.
* * * *

Subpart BB--Air Emission Standards for Equipment Leaks

5. Section 264.1063 is amended by revising paragraph (d)(2) to read
as follows:

Sec. 264.1063 Test methods and procedures.

* * * *

(d) * * *

(2) Method 9060 of SW-846 (incorporated by reference under
Sec. 260.11 of this chapter); or

* * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

6. 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.

Subpart AA--Air Emission Standards for Process Vents

7. Section 265.1034 is amended by revising paragraphs (d)(1)(iii)
and (f) 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 of SW-
846 (incorporated by reference under Sec. 260.11 of this chapter).
* * * *

(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, an appropriate procedure referenced in
Sec. 260.11(a) of this chapter may be used to resolve the dispute.
* * * *

Subpart BB--Air Emission Standards for Equipment Leaks

8. Section 265.1063 is amended by revising paragraph (d)(2) to read
as follows:

Sec. 265.1063 Test methods and procedures.

* * * *

(d) * * *

(2) Method 9060 of SW-846 (incorporated by reference under
Sec. 260.11 of this chapter); or

* * * *

[FR Doc. 95-18257 Filed 7-24-95; 8:45 am]
BILLING CODE 6560-50-P}}}}}

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