[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32452-32463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15410]



[[Page 32451]]

_______________________________________________________________________

Part VI





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 260, 264, 265, and 266



Hazardous Waste Management System; Testing and Monitoring Activities; 
Rule

  Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules 
and Regulations  

[[Page 32452]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 264, 265, and 266

[EPA F-97-WT3F-FFFFF; FRL-5839-6]


Hazardous Waste Management System; Testing and Monitoring 
Activities

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
amending its hazardous waste regulations for testing and monitoring 
activities. This amendment adds new and revised methods as Update III 
to the Third Edition of the EPA-approved test methods manual ``Test 
Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA 
Publication SW-846 and deletes several obsolete methods from SW-846 and 
the RCRA regulations. It also incorporates SW-846, Third Edition, as 
amended by Updates I (July 1992), II (September 1994) and IIA (August 
1993 as part of the wood surface protection rule), IIB (January 1995, 
clarifying the temperature requirement for pH measurements of highly 
alkaline wastes), and III (December 1996). The intent of this action is 
to provide state-of-the-art analytical technologies for RCRA-related 
testing, thus promoting cost effectiveness and flexibility in choosing 
analytical test methods, as well as clarifying the RCRA Program's 
approach to working towards the Performance Based Measurement System 
(PBMS). Incorporation by reference was approved for the updates on the 
following dates: Update I, August 31, 1993, Update II, January 13, 
1995, Update IIA, January 4, 1994 as part of the wood surface 
protection rule, and Update IIB, April 4, 1995, clarifying the 
temperature requirement for pH measurements of highly alkaline wastes.

DATES: This action is effective as of June 13, 1997. The incorporation 
by reference of the publication listed in the regulations is approved 
by the Director of the Federal Register as of June 13, 1997.

ADDRESSES: Supporting materials are available for viewing in the RCRA 
Information Center (RIC), located at Crystal Gateway I, First Floor, 
1235 Jefferson Davis Highway, Arlington, VA. The Docket Identification 
Number is F-97-WT3F-FFFFF. The RIC is open from 9 a.m. to 4 p.m., 
Monday through Friday, excluding federal holidays. All comments 
received are in the docket for the proposed rule (Docket No. F-95-WT3P-
FFFFF). Summaries of the comments together with the Agency's responses 
are in ``Response to Public Comments Background Document, Promulgation 
of the Third Update to SW-846, Third Edition'' which is in the docket 
for this final rule (Docket No. F-97-WT3F-FFFFF). To review docket 
materials, it is recommended that the public make an appointment by 
calling (703) 603-9230. The public may copy a maximum of 100 pages of 
material from any regulatory docket at no charge. Additional copies 
cost $0.15 per page. The docket index and rule are available 
electronically. See the SUPPLEMENTARY INFORMATION section for 
information on accessing it.
    Copies of the Third Edition of SW-846, as amended by Updates I, II, 
IIA, IIB, and III, are part of the official docket for this rulemaking, 
and also are available from the Superintendent of Documents, Government 
Printing Office (GPO), Washington, DC 20402, (202) 512-1800. The GPO 
document number is 955-001-00000-1. Copies of the Third Edition 
integrated manual and its updates are also available from the National 
Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161, (703) 487-4650. The Third Edition integrated 
manual order number is PB95264073, and the Final Update III order 
number is PB97156137.
    In addition, a CD-ROM version of SW-846, Third Edition, as amended 
by Updates I through IIB, is available from NTIS. In the future, the 
CD-ROM will be updated by NTIS to also include Update III to SW-846.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing 
impaired). In the Washington, DC, metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323. For more detailed information on specific 
aspects of this rulemaking, contact Kim Kirkland, Office of Solid Waste 
(5307W), U. S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460, (703) 308-8855.

SUPPLEMENTARY INFORMATION: The docket index and the rule are available 
on the Internet. Follow these instructions to access the information 
electronically: From the World Wide Web (WWW), type WWW: http://
www.epa.gov/epaoswer/rules.htm.

Regulated Entities

    Entities potentially regulated by this action are those required to 
use SW-846 test methods during waste sampling and analysis for RCRA-
related activities. Regulated categories and entities include: Industry 
(e.g., companies which handle hazardous wastes), and State, local and 
Federal government entities (e.g., government entities which handle 
hazardous wastes). Other entities not listed could also be regulated. 
To determine whether your organization is regulated by this action, you 
should carefully examine the applicability criteria in parts 260 
through 299 of the Code of Federal Regulations. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

Preamble Outline

I. Legal Authority
II. Background Summary and Regulatory Framework
III. Overview of July 25, 1995 NPRM and Summary of Responses to 
Public Comments
    A. Overview of Proposal
    B. Responses to Comments Regarding the Addition of Update III 
Methods and Chapters to SW-846
    C. Deletion of Obsolete Methods
    1. Deletion of Packed Column Gas Chromatographic Methods
    2. Deletion of Methods 9200 and 9252A
    3. Replacing References to Method 8240 with References to Method 
8260 in Secs. 264.1034(d)(1)(iii)and (f), 264.1063(d)(2), 
265.1034(d)(1)(iii) and (f), and 265.1063(d)(2)
IV. Additional Editorial Changes
    A. Changes to Methods 9010A and 9030A to Create New Modular 
Format Methods 9010B, 9030B, 9014, and 9034; and Editorial Changes 
to Chapter Seven.
    B. Revision of Section 3.0 (Sampling and Analytical Methods) of 
Appendix IX to 40 CFR Part 266
    C. Revision of Footnote 5 of Appendix IX to 40 CFR Part 264
    D. Removing the 47 Analytical Test Methods Incorporated by 
Reference in Sec. 260.11(a)
    E. Revising the Disclaimer and Chapter Two of SW-846 to Include 
Clarifying Editorial Changes Regarding Flexibility Allowed During 
the Use of SW-846 Methods
V. Overview of Final Rule
VI. State Authority
VII. Effective Date
VIII. Regulatory Analyses
    A. Executive Order 12866
    B. Unfunded Mandates Reform Act
    C. Certification Under the Regulatory Flexibility Act
    D. Submission to Congress and the General Accounting Office
    E. Paperwork Reduction Act

I. Legal Authority

    These regulations are being promulgated under the authority of 
sections 1006, 2002(a), 3001-3007, 3010, 3013-3018, and 7004 of the 
Solid Waste Disposal Act, as amended by the Resource Conservation and 
Recovery

[[Page 32453]]

Act of 1976 (commonly known as RCRA), as amended (42 U.S.C. 6905, 
6912(a), 6921-6927, 6930, 6934-6939, and 6974).

II. Background Summary and Regulatory Framework

    EPA Publication SW-846, ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' contains the analytical and test methods 
that EPA has evaluated and found to be among those acceptable for 
testing under subtitle C of the Resource Conservation and Recovery Act 
(RCRA), as amended. Use of some of these methods is required by some of 
the hazardous waste regulations under subtitle C of RCRA. In other 
situations, SW-846 functions as a guidance document setting forth 
acceptable, although not required, methods to be implemented by the 
user, as appropriate, in satisfying RCRA-related sampling and analysis 
requirements. All of these methods are intended to promote accuracy, 
sensitivity, specificity, precision, and comparability of analyses and 
test results.
    SW-846 is a document that changes over time as new information and 
data are developed. Advances in analytical instrumentation and 
techniques are continually reviewed by the Agency's Office of Solid 
Waste (OSW) and periodically incorporated into SW-846 to support 
changes in the regulatory program and to improve method performance and 
cost effectiveness. Update III represents such an incorporation.
    As a result of this final rule, SW-846 is being amended further to 
include the new and revised methods contained in Update III, and to 
delete those methods deemed obsolete.

III. Overview of July 25, 1995 NPRM and Summary of Responses to Public 
Comments

A. Overview of Proposal

    On July 25, 1995 (60 FR 37974), the Agency proposed to amend its 
hazardous waste testing and monitoring regulations under subtitle C of 
RCRA by: (1) Adding revised methods and chapters and new methods as 
Update III to SW-846 and incorporating the Third Edition of SW-846 as 
amended by Updates I, II, IIA, IIB, and III, into 40 CFR 260.11(a) for 
use in complying with the requirements of subtitle C of RCRA, (2) 
deleting certain methods from SW-846 which are deemed obsolete, and (3) 
deleting certain references to Method 8240, Volatile Organics by Gas 
Chromatography/Mass Spectrometry (GC/MS), found in 40 CFR 264.1034, 
264.1063, 265.1034, and 265.1063.
    The Agency solicited comments on each of these proposed changes. On 
December 22, 1995 (60 FR 49239), the Agency extended the comment period 
to allow resolution of problems involving the shipping of Proposed 
Update III to many SW-846 subscribers. The extension allowed the 
subscribers an opportunity to review the Proposed Update III package 
and supply comments to the Agency.
    Items B through D of this section summarize the major comments 
received and the actions taken by the Agency in response to those 
comments.1
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    \1\ All comments received are in the docket for the proposed 
rule (Docket No. F-95-WT3P-FFFFF). Summaries of the comments 
together with the Agency's responses are in ``Response to Public 
Comments Background Document, Promulgation of the Third Update to 
SW-846, Third Edition'' which is in the docket for this final rule 
(Docket No. F-97-WT3F-FFFFF).
---------------------------------------------------------------------------

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