[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Rules and Regulations]
[Pages 3088-3095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-821]
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[[Page 3089]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 260
[FRL-5125-7]
RIN 2050-AD06
Hazardous Waste Management System; Testing and Monitoring
Activities
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
amending its hazardous waste regulations under subtitle C of the
Resource Conservation and Recovery Act (RCRA) of 1976, as amended, for
testing and monitoring activities. This amendment adds new and revised
methods as Update II to the Third Edition of the EPA-approved test
methods manual ``Test Methods for Evaluating Solid Waste, Physical/
Chemical Methods,'' EPA Publication SW-846. It also incorporates the
SW-846 Third Edition, as amended by Updates I (promulgated August 31,
1993), II, and IIA (promulgated January 4, 1994 as part of the wood
surface protection rule), into 40 CFR 260.11(a) for use in complying
with the requirements of subtitle C of RCRA. The intent of this
amendment is to provide better and more complete analytical
technologies for RCRA-related testing and thus promote cost
effectiveness and flexibility in choosing analytical test methods.
EFFECTIVE DATE: January 13, 1995. The incorporation by reference of the
publication listed in the regulations is approved by the Director of
the Federal Register as of January 13, 1995.
ADDRESSES: The official record for this rulemaking (Docket No. F-94-
WT2F-FFFFF) is located at the U. S. Environmental Protection Agency,
401 M Street SW., Washington, DC 20460 (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,
and IIA 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) 783-3238. The GPO document
number is 955-001-00000-1. New subscriptions to SW-846 may be ordered
from GPO at a cost of $319.00 (subject to change). There is a 25%
surcharge for foreign subscriptions and renewals.
FOR FURTHER INFORMATION CONTACT: For general information contact the
RCRA Hotline at (800) 424-9346 (toll free) or call (703) 920-9810; or,
for hearing impaired, call TDD (800) 553-7672 or (703) 486-3323. For
technical information, contact Kim Kirkland or Charles Sellers, 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. Update IIA to SW-846, Third Edition
IV. Overview of August 31, 1993 NPRM and Summary of Responses to
Public Comments
A. Overview of Proposal
B. Responses to Comments Regarding the Addition of Update II
Methods and Chapters to SW-846
1. Non-Promulgation of Methods 5100 and 5100 in Update II
2. Non-Promulgation of Method 9200A in Update II
3. Flexibility Allowance in SW-846
4. Consolidation of GFAA Methods
5. SPE as a Preparative Method to Method 8081A
6. Deletion of Ultrasonic Extraction (Method 3550) as a
Preparative Method to Method 8141A and the Addition of Tables 5, 6
and 7 to Method 8141A
7. Consistent Use of ``RF'' as Terminology for ``Relative
Response Factor'' in GC Methods
8. Additional Ion Trap Data Guidance in Method 8260A
C. Free Liquids and Characteristic Tests
D. pH Testing
V. Overview of Final Rule
VI. State Authority
A. Applicability in Authorized States
B. Effect on State Authorization
VII. Effective Date
VIII. Regulatory Analyses
A. Executive Order 12866
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
I. Authority
These regulations are being promulgated under the authority of
sections 1006, 2002, 3001, 3002, 3004, 3005, 3006, 3010, and 3014 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, 6912(a), 6921-6927, 6930, 6934, 6935, 6937, 6938, 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
specific regulations, as discussed below. All of these methods are
intended to promote accuracy, sensitivity, specificity, precision, and
comparability of analyses and test results.
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. For the
convenience of the reader, the Agency lists below a number of the
sections found in 40 CFR parts 260 through 270 that require the 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 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 of air emission standards for process vents;
(7) 264.1063(d)(2) and 265.1063(d)(2)--Testing total organic
concentration of 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 analysis 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; [[Page 3090]]
(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 quantitation 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, this EPA publication 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.
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.
Update II represents such an incorporation.
III. Update IIA to SW-846, Third Edition
On January 4, 1994 (59 FR 458), the Agency issued a final hazardous
waste listing determination for wastes generated from the use of
chlorophenolic formulations in wood surface protection processes. This
rule also finalized an April 27, 1993 (58 FR 25707) proposal to include
Method 4010, ``Screening for Pentachlorophenol by Immunoassay'' in the
Third Edition of SW-846. No comments were received on Method 4010 and
it was incorporated by reference in 40 CFR 260.11(a) as Update IIA to
the Third Edition of SW-846 in the January 4, 1994 Final Rule. Update
IIA (Method 4010) is being distributed to SW-846 subscribers as part of
the Final Update II package.
IV. Overview of August 31, 1993 NPRM and Summary of Responses to
Public Comments
A. Overview of Proposal
On August 31, 1993 (58 FR 46052), 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 II to SW-846 and incorporating the Third Edition as amended by
Updates I and II, in 40 CFR 260.11(a) for use in complying with the
requirements of subtitle C of RCRA; (2) deleting a statement in Chapter
Seven that states that ``Method 9095, Paint Filter Liquids Test,
Chapter Six [may be used] to determine free liquid'' for purposes of
characteristic testing; and (3) clarifying the regulatory requirements
as to the temperature for pH measurements of highly alkaline wastes
during corrosivity characteristic testing.
The Agency solicited comments on each of these proposed changes.
Items B through D of this section summarize the major comments that
were received and the actions taken by the Agency in response to those
comments.1
\1\Other comments, together with the Agency's response thereto,
have been placed in the official record for this rulemaking,
``Response to Public Comments Background Document, Promulgation of
the Second Update to SW-846, Third Edition''. (Docket No. F-94-WT2F-
FFFFF)
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B. Responses to Comments Regarding the Addition of Update II Methods
and Chapters to SW-846
The Agency proposed, as part of Update II to SW-846, to revise
several methods and chapters already contained in the Third Edition of
SW-846 and its Update I, as incorporated by reference into 40 CFR
260.11. The revisions were proposed to improve the methods and provide
additional performance information for these methods. The proposed
revisions more accurately reflect SW-846 method improvements. Finally,
as part of Update II, the Agency also proposed to add 33 new methods to
SW-846.
The Agency received very few negative comments on the proposal to
add the methods and revise certain chapters of Update II to SW-846.
However, based on public comment and other reasons explained below in
sections IV.B.1 and IV.B.2 of this preamble, the Agency has decided not
to promulgate proposed new Methods 5100 and 5110 and the proposed
revised Method 9200A in Final Update II. The Agency is promulgating all
other Proposed Update II new and revised methods and chapters as Final
Update II of SW-846.
The comments received by the Agency on the addition of new methods
and the revision of existing methods and chapters were technical in
nature. 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 II
package, as described in the background document. Sections IV.B.1
through IV.B.8 of this preamble summarize the major comments and
responses which the Agency believes may be of particular interest to
the regulated community.
1. Non-Promulgation of Methods 5100 and 5110 in Update II
The Agency wishes to eliminate the promulgation of redundant,
cross-program methods, where possible. Therefore, the Agency is not
promulgating Method 5100 and 5110 in Final Update II because they are
redundant and obsolete versions of the Office of Air Quality, Planning
and Standards (OAQPS) Methods 25D and 25E, issued in support of
analyses conducted under the Clean Air Act. There are currently no RCRA
applications for which Method 5100 or 5110 are applicable. Based on the
Agency's current policy of not proliferating redundant methods when
appropriate methods are available from other Program Offices, and that
there are no planned RCRA applications for these methods in the near
future, the Agency believes that there is no need to promulgate Method
5100 or 5110 at this time. For informational purposes, Method 25D can
be found in Appendix A of 40 CFR part 60; and Method 25E is currently
available from the Office of Air Quality Planning and Standards
(OAQPS), Mailcode MD-14, Technical Support Division, Research Triangle
Park, NC 27711, (919) 541-5536.
2. Non-Promulgation of Method 9200A in Update II
The analytical procedure found in SW-846 Method 9200 (Nitrate) was
recently demonstrated to be unreliable by both the Agency's
Environmental Monitoring Support 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 contributing factors to the method's unreliability.
In fact, on December 15, [[Page 3091]] 1993 (58 FR 65622), the Agency
proposed to remove Method 353.1, which contains a brucine-sulfanilic
acid procedure similar to Method 9200, as approved for the
determination of nitrate under 40 CFR 141.23 of the National Primary
Drinking Water Regulations. The AWWA also removed the brucine-
sulfanilic acid (Method 419 D) method from its publication ``Standard
Methods for the Examination of Water and Wastewater''. To be consistent
with this and any other related Agency actions, the Agency is not
including Method 9200A, a modified version of Method 9200, in Final
Update II, and plans to propose the removal of Method 9200 from SW-846
at a later date. (Method 9200A reversed the order of brucine-sulfanilic
acid and sulfuric acid reagents from that described in Method 9200 in
an unsuccessful attempt to improve reliability.) 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 which is included in this Final Rule, or
an appropriate method approved and issued by other Agency programs,
such as Method 353.2--Nitrogen, Nitrate-Nitrite, found in the methods
manual ``Methods for Chemical Analysis of Water and Wastes''. (Although
Method 353.2 provides combined nitrate-nitrite results, separate values
can be obtained according to Sec. 2.1 of the method.)
3. Flexibility Allowance in SW-846
Many public comments requested the use of alternative equipment,
materials, and procedures during the application of the Update II SW-
846 methods. Although the Agency agrees with most of the alternatives
suggested by these comments, the Agency did not change the content of
any method in response to the comments because the necessary
flexibility in equipment, materials, or method application is already
allowed by the SW-846 Disclaimer, presented at the beginning of the
document, and Sections 2.1.1 and 2.1.2 of Chapter Two. Based on the
large number of comments requesting the inclusion of alternatives in
SW-846 methods, the Agency believes that this inherent flexibility and
performance-based approach allowed by SW-846 is not sufficiently
understood by the regulated community. The Agency, therefore, wishes to
stress that flexibility in the use of equipment, glassware, and
procedures is allowed pursuant to the SW-846 Disclaimer and Secs. 2.1.1
and 2.1.2 of Chapter Two.
Specifically, as stated in the SW-846 Disclaimer, SW-846 methods
are designed to be used with equipment from any manufacturer that
results in suitable method performance. In general, the equipment
specifications and settings given in the SW-846 methods represent the
particular instruments used during method development, or subsequently
approved for use in the method. However, these specifications need not
be explicitly followed. Other equipment may be used as long as the
laboratory achieves equivalent or superior method performance
appropriate for the particular application.
In addition, many types and sizes of glassware and supplies are
commercially available and it is possible to prepare reagents and
standards in many different ways. Therefore, as stated in both the SW-
846 Disclaimer and Sec. 2.1.2 of Chapter Two, those specified in the
methods may be replaced by any similar type as long as the substitution
does not affect the overall quality of the analyses. Finally, Sec.
2.1.1 of Chapter Two observes that SW-846 methods were designed through
sample sizing and concentration procedures to address trace analyses
(<1000 ppm); however, the methods can be made applicable to other
analyses through the use of appropriate sample preparation techniques.
4. Consolidation of GFAA Methods
One commenter suggested that the Agency consolidate the separate
graphite furnace atomic absorption (GFAA) methods in the 7000 Series
into a single method. The commenter found the present approach of
separate methods for individual elements to be cumbersome and
redundant. The Agency appreciates this point, and is considering both
Flame and GFAA method consolidation as a future option for SW-846,
provided that analytical flexibility can be retained during analysis of
the individual elements. However, it is not possible to combine
individual GFAA methods as part of this Final Rule without further
study by the Agency and without providing an opportunity for public
comment on any new, consolidated method. The Agency believes that
adding the individual GFAA methods to SW-846 at this time is more
beneficial to the analytical community.
5. SPE as a Preparative Method to Method 8081A
One commenter requested that the Agency add solid phase extraction
(SPE) as a preparative method in water matrices for determination by
Method 8081A--Organochlorine Pesticides by Gas Chromatography:
Capillary Column Technique. The Agency agrees that such a method would
be useful, but it cannot be added at this time as part of Final Update
II. The addition of this method requires submission of performance data
for review by the SW-846 Technical Workgroup, proposal in the Federal
Register and an opportunity for public comment. SPE is a preparative
technique for separating extractable organic analytes from water
matrices for determination by gas chromatography or other appropriate
technique, and will be considered for inclusion in SW-846 as a 3500
Series method. The Agency is working on the development of a general
SPE method which will be included in a future update of SW-846.
6. Deletion of Ultrasonic Extraction (Method 3550) as a Preparative
Method for Method 8141A and the Re-Inclusion of Tables 5, 6 and 7 to
Method 8141A
One commenter observed that when Method 3550--Ultrasonic Extraction
is used as a preparative method for Method 8141A, several analytes of
interest are lost. The Agency agrees; a published study has
demonstrated that decomposition of compounds of interest during sample
preparation by ultrasonic extraction is indeed a problem.2
Therefore, the Agency has deleted all references to Method 3550 in
Method 8141A and has added a section which clearly states that Method
3550 is not an appropriate sample preparation method for Method 8141A
because of the potential for target analyte destruction during the
ultrasonic extraction process. For consistency with this information,
references to Method 8141 were also removed from Table 2 of Method
3550A which delineates specific extraction conditions for various
determinative methods.
\2\Kotronarou, et al., Environ. Sci. Technol., 1992, 26, pp.
1460-1462.
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In addition, the Agency has re-included three organophosphorus
compound performance data tables in the final version of Method 8141A
which were inadvertently deleted from the proposed version of the
method. Specifically, the Agency is re-including Table 5, which
provides recovery data from separatory funnel extraction; Table 6,
which provides recovery data from continuous liquid-liquid extraction;
and Table 7, which provides recovery data from Soxhlet extraction.
These tables are unchanged from the original versions which were
included in Method 8141 as Tables 4, 5 and 6, respectively.
[[Page 3092]]
7. Consistent Use of ``RF'' as Terminology for ``Relative Response
Factor'' in GC Methods
A few commenters noted an inconsistent use of the terminology
``RF'' versus ``RRF'' in the 8000 Series gas chromatography (GC)
methods. In response to these comments, the Agency has replaced all
uses of the term ``RRF'' with the term ``RF'' to consistently represent
``relative response factor'' in all GC methods. This is an editorial
change to eliminate confusion caused by two terms having the same
definition.
8. Additional Ion Trap Data Guidance in Method 8260A
The Agency received several comments requesting additional guidance
regarding how to use ion trap mass spectrometers in Method 8260A--
Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry:
Capillary Column Technique. In response to these comments, the Agency
has added several new sections to the method, specifically Sec.
4.4.2.4, which identifies use of a fourth capillary column and Sec.
7.2.7 which provides guidance regarding the direct split interface of
the column. In addition, the Agency added guidance to Sec. 4.4.3.1
regarding the selection of the proper quantitation ion in the event of
ion-molecule reactions with water and methanol which may produce
interferences that coelute with chloromethane and chloroethane. The
Agency also added optional quantitation ions to Table 5 for
chloromethane and chloroethane for use in the event that the ion-
molecule reactions with water and methanol are observed.
C. Free Liquids and Characteristic Tests
In section III.C of the August 31, 1993 proposed rule, the Agency
proposed to delete a statement in Chapter Seven of SW-846 which stated
``Method 9095, Paint Filter Liquids Test, Chapter Six [may be used] to
determine free liquid'' for purposes of testing for the hazardous waste
characteristics. In the proposed Chapter Seven, the Agency replaced
that statement with ``Use the pressure filtration technique specified
in Method 1311 (TCLP) to determine free liquid''. The Agency has
decided not to include the proposed revision to Chapter Seven at this
time because, based on public comment, the Agency was not sufficiently
clear regarding its intent, as some commenters suggested, and the
appropriate application of the revised guidance. It was not the
Agency's intent to discourage the use of Method 9095 in demonstrating
the ``positive'', i.e., that a liquid exists for the purpose of testing
for the corrosivity and ignitability characteristics. The Agency
instead intended to propose, as guidance, that Method 9095 (or any
other common laboratory separation technique) is not adequate to
demonstrate the ``negative'', i.e., that a waste does not contain a
liquid for the purpose of characteristic testing. Consistent with that
intent, a proper statement of the use of Method 9095 to determine a
free liquid for the purpose of testing for hazardous waste
characteristics is as follows:
``The definitive procedure for determining if a waste contains a
liquid for the purposes of the ignitability and corrosivity
characteristics is the pressure filtration technique specified in
Method 1311. However, if one obtains a free liquid phase using
Method 9095, then that liquid may instead be used for purposes of
determining ignitability and corrosivity. However, wastes that do
not yield a free liquid phase using Method 9095 should then be
assessed for the presence of an ignitable or corrosive liquid using
the pressure filtration technique specified in Method 1311.''
Since this language was not explicitly proposed for inclusion in
Chapter Seven, or otherwise provided for public comment, and since the
Agency received numerous negative public comments regarding the content
of section III.C of the proposed rule, the Agency will not at this time
revise Chapter Seven by removing the statement on the use of Method
9095 from Sec. 7.2.1 of the Chapter. The Agency, nonetheless, stands
behind the position described in the language above and may, therefore,
repropose this revision to Chapter Seven in the future with better
clarification regarding its intent.
In response to public comment, the Agency also notes that Chapter
Seven is RCRA guidance, and that the Agency did not propose to add an
analytical requirement regarding liquid determinations to any part of
the RCRA regulations.
D. pH Testing
The Agency requested comment on whether to add a temperature
requirement for the purposes of corrosivity testing by proposed Method
9040A (pH Electrometric Measurement) and Method 9045B (Soil and Waste
pH). The Agency is still responding to public comments regarding this
proposed temperature requirement. The Agency did not want to delay the
promulgation of Update II as a result of its ongoing deliberations on
this limited aspect of the proposal. Therefore, Methods 9040A and 9045B
of Update II do not at this time include any changes regarding a
temperature requirement during the measurement of pH for determination
of the characteristic of corrosivity. Final action regarding whether or
not to add a temperature requirement will be deferred until the Agency
has fully responded to all relevant comments. If the Agency decides at
that time to add a temperature requirement to Method 9040A or 9045B as
a result of public comment, the methods will be revised and added to
SW-846 as part of a separate rulemaking. Responses to comments
regarding the pH temperature clarification will also be included in a
separate background document specifically prepared to support such a
future action.
V. Overview of the Final Rule
This rule makes final the Agency's proposal to add revised methods
and chapters and new methods as Update II to SW-846 and incorporate the
Third Edition as amended by Updates I, II, and IIA, in 40 CFR 260.11(a)
for use in complying with the requirements of subtitle C of RCRA.
Table 1 lists all of the revised methods and chapters and new
methods that are approved by the Agency for inclusion in Final Update
II to SW-846. The table lists the chapters and methods of Update II 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 and IIA), which are unchanged by Final Update II.
Table 1.--Final Update II of SW-846, Third Edition\1\
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Method No. Title
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.
.
.
Abstract
Table of Contents
.
.
.
Chapter Two--Choosing the Correct Procedure
Chapter Three--Metallic Analytes
3.1 Sampling Considerations
3.2 Sample Preparation Methods
.
.
.
3015 Microwave Assisted Acid Digestion of Aqueous Samples and
Extracts
3051 Microwave Assisted Acid Digestion of Sediments, Sludges,
Soils, and Oils
3.3 Methods for Determination of Metals
.
.
.
[[Page 3093]]
6020 Inductively Coupled Plasma--Mass Spectrometry
.
.
.
7060A Arsenic (Atomic Absorption, Furnace Technique)
.
.
.
7062 Antimony and Arsenic (Atomic Absorption, Borohydride
Reduction)
7080A Barium (Atomic Absorption, Direct Aspiration)
.
.
.
7131A Cadmium (Atomic Absorption, Furnace Technique)
.
.
.
7470A Mercury in Liquid Waste (Manual Cold-Vapor Technique)
7471A Mercury in Solid or Semisolid Waste (Manual Cold-Vapor
Technique)
.
.
.
7741A Selenium (Atomic Absorption, Gaseous Hydride)
7742 Selenium (Atomic Absorption, Borohydride Reduction)
.
.
.
Chapter Four--Organic Analytes
4.1 General Considerations
4.2 Sample Preparation Methods
4.2.1 Extractions and Preparations
.
.
.
3510B Separatory Funnel Liquid-Liquid Extraction
3520B Continuous Liquid-Liquid Extraction
3540B Soxhlet Extraction
3541 Automated Soxhlet Extraction
3550A Ultrasonic Extraction
.
.
.
5040A Analysis of Sorbent Cartridges from Volatile Organic
Sampling Train (VOST): GC/MS Technique
5041 Protocol for Analysis of Sorbent Cartridges from Volatile
Organic Sampling Train (VOST): Wide-bore Capillary Column
Technique
4.2.2 Cleanup
3600B Cleanup
.
.
.
3630B Silica Gel Cleanup
3640A Gel-Permeation Cleanup
.
.
.
3665 Sulfuric Acid/Permanganate Cleanup
4.3 Determination of Organic Analytes
4.3.1 Gas Chromatographic Methods
.
.
.
8010B Halogenated Volatile Organics by Gas Chromatography
.
.
.
8020A Aromatic Volatile Organics by Gas Chromatography
8021A Halogenated Volatiles by Gas Chromatography Using
Photoionization and Electrolytic Conductivity Detectors in
Series: Capillary Column Technique
.
.
.
8031 Acrylonitrile by Gas Chromatography
8032 Acrylamide by Gas Chromatography
.
.
.
8061 Phthalate Esters by Capillary Gas Chromatography with
Electron Capture Detection (GC/ECD)
.
.
.
8080A Organochlorine Pesticides and Polychlorinated Biphenyls by
Gas Chromatography
8081 Organochlorine Pesticides and PCBs as Aroclors by Gas
Chromatography: Capillary Column Technique
.
.
.
8120A Chlorinated Hydrocarbons by Gas Chromatography
8121 Chlorinated Hydrocarbons by Gas Chromatography: Capillary
Column Technique
.
.
.
8141A Organophosphorus Compounds by Gas Chromatography: Capillary
Column Technique
8150B Chlorinated Herbicides by Gas Chromatography
8151 Chlorinated Herbicides by GC Using Methylation or
Pentafluorobenzylation Derivatization: Capillary Column
Technique
4.3.2 Gas Chromatographic/Mass Spectroscopic Methods
8240B Volatile Organic Compounds by Gas Chromatography/Mass
Spectrometry (GC/MS)
8250A Semivolatile Organic Compounds by Gas Chromatography/Mass
Spectrometry (GC/MS)
8260A Volatile Organic Compounds by Gas Chromatography/Mass
Spectrometry (GC/MS): Capillary Column Technique
8270B Semivolatile Organic Compounds by Gas Chromatography/ Mass
Spectrometry (GC/MS): Capillary Column Technique
.
.
.
8290 Polychlorinated Dibenzodioxins (PCDDs) and Polychlorinated
Dibenzofurans (PCDFs) by High-Resolution Gas Chromatography/
High-Resolution Mass Spectrometry (HRGC/HRMS)
4.3.3 High Performance Liquid Chromatographic Methods
.
.
.
8315 Determination of Carbonyl Compounds by High Performance
Liquid Chromatography (HPLC)
8316 Acrylamide, Acrylonitrile and Acrolein by High Performance
Liquid Chromatography (HPLC)
8318 N-Methylcarbamates by High Performance Liquid Chromatography
(HPLC)
8321 Solvent Extractable Non-Volatile Compounds by High
Performance Liquid Chromatography/Thermospray/Mass
Spectrometry (HPLC/TSP/MS) or Ultraviolet (UV) Detection
8330 Nitroaromatics and Nitramines by High Performance Liquid
Chromatography (HPLC)
8331 Tetrazene by Reverse Phase High Performance Liquid
Chromatography (HPLC)
4.3.4 Fourier Transform Infrared Methods
8410 Gas Chromatography/Fourier Transform Infrared (GC/FT-IR)
Spectrometry for Semivolatile Organics: Capillary Column
4.4 Miscellaneous Screening Methods
.
.
.
4010\2\ Screening for Pentachlorophenol by Immunoassay
8275 Thermal Chromatography/Mass Spectrometry (TC/MS) for
Screening Semivolatile Organic Compounds
Chapter Five--Miscellaneous Test Methods
[[Page 3094]]
5050 Bomb Preparation Method for Solid Wastes
.
.
.
9020B Total Organic Halides (TOX)
.
.
.
9056 Determination of Inorganic Anions by Ion Chromatography
.
.
.
9071A Oil and Grease Extraction Method for Sludge and Sediment
Samples
9075 Test Method for Total Chlorine in New and Used Petroleum
Products by X-Ray Fluorescence Spectrometry (XRF)
9076 Test Method for Total Chlorine in New and Used Petroleum
Products by Oxidative Combustion and Microcoulometry
9077 Test Methods for Total Chlorine in New and Used Petroleum
Products (Field Test Kit Methods)
.
.
.
9252A Chloride (Titrimetric, Mercuric Nitrate)
9253 Chloride (Titrimetric, Silver Nitrate)
.
.
.
Chapter Six--Properties
1312 Synthetic Precipitation Leaching Procedure
.
.
.
9040A ph Electrometric Measurement
.
.
.
9045B Soil and Waste pH
.
.
.
9096 Liquid Release Test (LRT) Procedure
.
.
.
Chapter Seven--Introduction & Regulatory Definitions
.
.
.
------------------------------------------------------------------------
\1\The vertical ``* * *'' indicates unchanged portions of SW-846.
\2\Method 4010 is Update IIA.
VI. State Authority
A. Applicability in Authorized States
Under section 3006 of RCRA, EPA may authorize qualified States to
administer and enforce the RCRA program within the State. (See 40 CFR
part 271 for the standards and requirements for authorization.)
Following authorization, EPA retains enforcement authority under
sections 3008, 7003 and 3013 of RCRA, although authorized States have
primary enforcement responsibility.
Prior to the Hazardous and Solid Waste Amendments of 1984 (HSWA), a
State with final authorization administered its hazardous waste program
entirely in lieu of EPA administering the Federal program in that
State. The Federal requirements no longer applied in the authorized
State, and EPA could not issue permits for any facilities in the State
that the State was authorized to permit. When new, more stringent
Federal requirements were promulgated or enacted, the State was obliged
to enact equivalent authority within specified time frames. New Federal
requirements did not take effect in an authorized State until the State
adopted the requirements as State law.
In contrast, under section 3006(g) of RCRA, 42 U.S.C. 6926(g), new
requirements and prohibitions imposed by the HSWA take effect in
authorized States at the same time that they take effect in
nonauthorized States. EPA is directed to carry out those requirements
and prohibitions in authorized States, including the issuance of
permits, until the State is granted authorization to do so. While
States must still adopt HSWA-related provisions as State law to retain
final authorization, the HSWA applies in authorized States in the
interim.
B. Effect on State Authorization
Today's rule promulgates standards that are not effective in
authorized States since the requirements are being imposed pursuant to
pre-HSWA authority. Therefore, this rule is not immediately effective
in authorized States. 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.
40 CFR 271.21(e)(2) requires that States that have final
authorization must modify their programs to reflect Federal program
changes and subsequently must submit the modifications to EPA for
approval. The deadline by which the State must modify its program to
adopt today's proposed rule is determined based on the date of final
rule promulgation in accordance with 40 CFR 271.21(e). These deadlines
can be extended in certain cases (40 CFR 271.21(e)(3)). Once EPA
approves the modification, the State requirements become subtitle C
RCRA requirements.
States with authorized RCRA programs may already have requirements
similar to those in today's rule. These State requirements have not
been assessed against the Federal regulations being proposed today to
determine whether they meet the tests for authorization. Thus, a State
is not authorized to carry out these requirements in fulfillment of the
final rule until the State program modification is submitted to EPA and
approved. Of course, States with existing standards may continue to
administer and enforce their standards as a matter of State law.
States that submit their official applications for final
authorization within 12 months after the effective date of today's rule
are not required to include in their applications requirements
equivalent to the requirements in today's rule. However, the State must
modify its program by the deadlines set forth in 40 CFR 271.21(e).
States that submit official applications for final authorization 12
months or more after the effective date of today's rule must include
requirements at least as stringent as the requirements in the final
rule in their applications. 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 to allow 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. Since today's rule provides greater
flexibility to the regulated community in testing and monitoring solid
waste, the Agency believes the regulated community does not need six
months to come into compliance. For that same reason, 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 January 13, 1995.
[[Page 3095]]
VIII. 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
(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.
It has been 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. 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 to all
of the regulated community by providing an increased choice of
appropriate analytical methods for RCRA applications, including small
entities. 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.
C. Paperwork Reduction Act
There are no additional reporting, notification, or recordkeeping
provisions in this 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 in 40 CFR Part 260
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Incorporation by
reference.
Dated: December 13, 1994.
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
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 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), and IIA
(August, 1993)]. The Third Edition of SW-846 and Updates I, II, and IIA
(document number 955-001-00000-1) are available from the Superintendent
of Documents, U.S. Government Printing Office, Washington, DC 20402,
(202) 783-3238. Copies may be inspected at the Library, U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
* * * * *
[FR Doc. 95-821 Filed 1-12-95; 8:45 am]
BILLING CODE 6560-50-P