[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Proposed Rules]
[Pages 25430-25438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12309]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 258, 260, 261, 264, 265, 266, 270, and 279
[FRL-6011-1]
Notice of Intent To Reform Implementation of RCRA-Related Methods
and Monitoring and Notice of Availability for Draft Update IVA of SW-
846
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of intent and request for comment.
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SUMMARY: The U.S. Environmental Protection Agency is providing notice
of, and invites comment on, its intent to reform implementation of
RCRA-related monitoring by formally adopting a performance-based
measurement system (PBMS), by improving public outreach and
communication, and by improving availability and distribution of the
EPA-approved test methods manual ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods'', EPA Publication SW-846.
Implementation of PBMS will include a proposal to change certain RCRA
regulations so that the exclusive use of SW-846 methods will no longer
be required. EPA is also announcing the availability of, and requests
comment on, ``Draft Update IVA'' to the Third Edition of SW-846, which
contains new and revised methods. EPA also requests comment on deleting
several individual methods and integrating them into two comprehensive
methods, and removing Chapter Eleven from SW-846.
DATES: The Agency is opening the comment period for the limited purpose
of obtaining information and views on the Agency's notice to reform
implementation of RCRA-related monitoring, as described in this
document, and on the methods and chapters of Draft Update IVA. Written
comments must be submitted by June 22, 1998.
ADDRESSES: Commenters must send an original and two copies of their
comments referencing docket number F-98-4TMA-FFFFF to: RCRA Information
Center (RIC), Office of Solid Waste (5305G), U.S. Environmental
Protection Agency Headquarters (EPA, HQ), 401 M Street, S.W.,
Washington, DC 20460. Courier deliveries of comments should be
submitted to the RIC at the address listed below. Comments may also be
submitted electronically through the Internet to: RCRA-
[email protected].
[[Page 25431]]
Comments in electronic format should also be identified by the docket
number F-98-4TMA-FFFFF. Submit electronic comments as an ASCII file and
avoid the use of special characters and any form of encryption. If
possible, EPA's Office of Solid Waste (OSW) would also like to receive
an additional copy of the comments on disk in Wordperfect 6.1 file
format.
Commenters should not submit electronically any confidential
business information (CBI). An original and two copies of the CBI must
be submitted under separate cover to: Regina Magbie, RCRA CBI Document
Control Officer, Office of Solid Waste (5305W), U.S. EPA, 401 M Street,
S.W., Washington, DC 20460.
Public comments and supporting materials are available for viewing
in the RIC, located at Crystal Gateway One, 1235 Jefferson Davis
Highway, First Floor, Arlington, Virginia. The RIC is open from 9 a.m.
to 4 p.m., Monday through Friday, except for Federal holidays. To
review docket materials, the public must make an appointment by calling
703-603-9230. The public may copy a maximum of 100 pages from any
regulatory docket at no charge. Additional copies cost $0.15 per page.
The docket index and notice are available electronically. See the
``Supplementary Information'' section for information on accessing it.
Copies of Draft Update IVA and of the Third Edition of SW-846, as
amended by Updates I, II, IIA, IIB, and III, are available from the
Superintendent of Documents, Government Printing Office (GPO),
Washington, DC 20402, (202) 512-1800. The GPO document number for Draft
Update IVA is 055-000-00593-1. Copies of the Third Edition integrated
manual and its updates (including Draft Update IVA) are also available
from the National Technical Information Service (NTIS), 5285 Port Royal
Road, Springfield, VA 22161, (800) 553-NTIS (553-6847). The NTIS order
number for Draft Update IVA is PB-98-111750.
In addition, a CD-ROM version of SW-846, Third Edition, as amended
by Updates I through III, is available from NTIS. A CD-ROM of Draft
Update IV is expected to be published in 1998.
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 information on specific aspects of this document or the Update
IVA methods, contact the Methods Information Communication Exchange
(MICE) Service at 703-821-4690, e-mail address:
[email protected]; or contact Kim Kirkland, Office of Solid
Waste (5307W), U.S. Environmental Protection Agency, 401 M Street,
S.W., Washington, DC 20460, 703-308-8855, e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
The docket index and the notice 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/hazwaste/test/index.htm
Table of Contents
I. Background
II. Notice of Agency Intent to Reform Implementation of RCRA-related
Monitoring
A. Adoption of PBMS in the RCRA Program
B. Removing the Required Uses of SW-846 Methods from the RCRA
Regulations
C. Changing the Approach for Releasing SW-846 Updates and
Changing the Approach for Method Evaluation
D. Improving SW-846 Availability to the Public
E. Improving Public Outreach and Communication Regarding SW-846
and RCRA-related Monitoring
III. Availability of Draft Update IVA and Invitation for Public
Comment
IV. Basis for Making Draft Update IVA Available and Agency Plans for
Finalizing the Update
V. Request for Comment on the Removal of Chapter Eleven from SW-846
I. Background
The 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 monitoring conducted in support of 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, to satisfy 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 as updates to
support changes in the regulatory program and to improve method
performance and cost effectiveness. To date, EPA has finalized Updates
I, II, IIA, IIB, and III to the SW-846 manual, and the updated and
fully integrated manual contains approximately 3500 pages.
II. Notice of Agency Intent to Reform Implementation of RCRA-
Related Monitoring
EPA is actively working to implement the President's program for
reinventing government and reforming regulatory policy. In order to
meet goals related to this important effort, EPA is considering reform
of the implementation of monitoring under the RCRA Program. The goals
include the timely and efficient promotion and approval of monitoring
technologies, increased flexibility regarding regulatory compliance
(i.e., flexibility in analytical method selection), and improvements in
public communication (e.g., to educate the public regarding new efforts
and to dispel any misconceptions regarding the use of SW-846).
The following subsections provide notice of and describe actions to
be undertaken by EPA in an effort to meet the aforementioned goals.
A. Adoption of PBMS in the RCRA Program
On October 6, 1997, EPA published a Notice of Intent, notifying the
public of the Agency's plans to implement performance-based measurement
systems (PBMS) for environmental monitoring in all of its media
programs to the extent feasible (see 62 FR 52098). Some members of the
regulated community and Congress have suggested that EPA needs to
change the way it specifies monitoring requirements in regulations and
permits, in a manner which allows more flexibility and promotes the use
of new technologies. EPA supports this position and is committed to
incorporating the PBMS approach in media monitoring, to the extent
feasible, including monitoring conducted in support of RCRA.
Basically, PBMS conveys ``what'' needs to be accomplished, but not
prescriptively ``how'' to do it. EPA 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 a
performance-based approach, the regulating entity will specify
questions to be answered by the monitoring process, the decisions to
[[Page 25432]]
be supported by the data, the level of uncertainty acceptable for
making the decisions, and the documentation to be generated to support
the PBMS approach in the RCRA Program. The criteria may be published in
regulations, technical guidance documents, permits, work plans, or
enforcement orders. Data producers will demonstrate that a proposed
sampling and analytical approach meets the monitoring criteria
specified in the Quality Assurance Project Plans or Sampling and
Analysis Plans for the individual projects or applications.
EPA believes that the PBMS approach will provide many benefits to
both regulators and the regulated community when conducting monitoring
for compliance with the RCRA regulations or for general information
gathering. The benefits include flexibility in method selection,
expedited approval of new and emerging technologies to meet monitoring
requirements, and the development and use of cost-effective methods.
Where PBMS is implemented, the regulated community will be able to
select an appropriate analytical method for use in complying with EPA's
RCRA regulations, including any method not found in EPA-published
method manuals that is both cost-effective and meets the data quality
objectives of the particular project for which it is being used.
It is EPA's intent that implementation of PBMS have the overall
effect of both improving data quality and encouraging the advancement
of analytical technologies. Therefore, EPA has been working at breaking
down barriers to using new and innovative monitoring techniques,
including requirements to use specific measurement methods or
technologies when complying with some of the RCRA regulations. As part
of EPA's efforts to implement PBMS, and thus reform monitoring under
the RCRA Program, the following actions are planned:
--Incorporating the PBMS philosophy into new regulations.
--Establishing data quality and performance requirements for RCRA-
required monitoring and including the requirements in the RCRA
regulations, as necessary, to assist the regulated community in method
selection and help assure successful PBMS implementation.
--Developing new sampling and testing methodologies which are
compatible with the PBMS approach and encouraging use of those methods.
--Working with other regulating entities to help assure that the
regulated community benefits from the flexibility of the PBMS approach
at all regulating levels of the RCRA Program, when practical and
feasible.
--Fostering training and guidance to educate regulators and the
regulated community regarding the flexibility of PBMS, the inherent
flexibility of SW-846, and application of PBMS during RCRA-related
monitoring.
--Removing some of the required uses for SW-846 methods from the RCRA
regulations, where the Agency believes these requirements are not
necessary (in order to facilitate PBMS implementation), and thus
removing regulatory barriers to the use of new and innovative
technologies for RCRA-related monitoring.
The Agency is interested in comments regarding PBMS implementation
within the RCRA Program. In particular, EPA is interested in receiving
public comment in response to the following questions:
1. Will EPA's implementation of PBMS provide adequate flexibility
in method selection and facilitate the use of new technologies?
2. What Agency actions during the process of changing to PBMS
within the RCRA Program would particularly assure a smooth transition
(including actions related to public notice and the training of
affected parties)?
3. What are the perceived technical and programmatic barriers to
effective PBMS implementation in the RCRA Program and what Agency
actions might be effective in removing these barriers?
4. What might be the economic impact (additional costs and cost
savings) on the regulated community and other entities (e.g., small
businesses) as a result of PBMS implementation in the RCRA Program?
5. What concerns exist regarding establishment of the data quality
and performance requirements for RCRA-required monitoring that are
necessary to adequately assist the regulated community in method
selection and assure successful PBMS implementation?
6. How might the Agency best work with other regulating entities
(e.g., states) to maximize the regulated community's benefits from the
flexibility provided by the PBMS approach?
7. What concerns exist regarding the impact of PBMS implementation
on state programs?
8. What concerns exist regarding the potential effect of PBMS on
compliance monitoring and enforcement of RCRA-related regulatory and
statutory requirements? What might be the positive or negative impacts
of PBMS on compliance monitoring and enforcement, including regarding
facility inspections?
9. What might be the environmental benefits that may be achieved
through implementation of PBMS within the RCRA program?
B. Removing the Required Uses of SW-846 Methods From the RCRA
Regulations
As noted in the previous section, EPA intends to implement PBMS to
the extent feasible for RCRA-related monitoring. One barrier to
successful PBMS implementation is the current requirement to use
specific measurement methods or technologies in complying with
regulations. Some RCRA regulations require the use of specific SW-846
methods or SW-846 in general. As explained below, EPA believes that
some of these regulatory restrictions on methods may no longer be
necessary and run counter to EPA's intent to adopt PBMS for RCRA-
related monitoring.
Several of the regulations require the use of specific SW-846
methods for defining the particular regulatory parameters. Such
requirements are referred to as ``method-defined parameters.'' For
example, 40 CFR 261.24(a) requires the use of SW-846 Method 1311, the
Toxicity Characteristic Leaching Procedure, to determine if a waste
exhibits the toxicity characteristic. In those cases, the method itself
is the regulation and a method change or substitution cannot be
accomplished without undermining the substantive requirement
demonstrated by the method. These required uses of SW-846 methods are
necessary.
Several other RCRA regulations require the use of SW-846 methods
where those methods do not define the particular regulatory parameter.
Most required uses of SW-846 methods fall under this category. An
example is 40 CFR 260.22(d)(1)(I), which currently requires the use of
only SW-846 methods in support of a petition to amend part 261 to
exclude (``delist'') a waste listed with code ``T'' in subpart D of 40
CFR part 261. EPA believes that these types of required uses of SW-846
methods may not be necessary.
As a result of the requirements to use SW-846 methods, all final
SW-846 updates must be issued by rulemaking. This often delays the
availability of needed new or revised methods. In addition, requiring
the use of SW-846 methods discourages or impedes the use of new and
innovative methods which are both cost-effective and capable of meeting
data quality objectives.
Therefore, EPA is considering publishing in the near future a
proposal in the Federal Register to remove
[[Page 25433]]
required uses of SW-846 methods from the RCRA subtitle C regulations
for all purposes other than the determination of method-defined
parameters. The Agency would take this action as part of its efforts to
implement PBMS for RCRA-related monitoring. This action would also
remove the need to engage in rulemaking for every SW-846 update and
would allow the updates to be issued as revisions to a guidance
document, which was what SW-846 was originally intended to be. This
action should promote the timely incorporation of new and innovative
technologies into the RCRA Program.
The Agency is interested in receiving comments at this time
regarding its plan to remove certain required uses of SW-846 methods
from the RCRA regulations, as described above. In particular, EPA is
interested in public comment in response to the following questions:
1. Are any of the required uses of SW-846 methods in the RCRA
regulations for other than method-defined parameters necessary?
2. What might be the economic impact on the regulated community and
other entities (e.g., small businesses) as a direct result of the
removal of certain required uses of SW-846 methods?
3. What concerns exist regarding implementation and enforcement of
the allowed use of ``other appropriate methods'' in lieu of a specific
SW-846 method for RCRA-related monitoring?
4. What concerns exist regarding the impact on state RCRA programs
of the removal of certain required uses of SW-846 methods from the
Federal RCRA regulations?
C. Changing the Approach for Releasing SW-846 Updates and Changing the
Method Evaluation Process
Assuming that the rule to remove the required use of most SW-846
methods is finalized, as described in the previous section, EPA is
considering the use of rulemaking only for those updates to SW-846
which include methods used for method-defined parameters. Rulemakings
for those method updates will remain necessary because the required
uses of those methods will remain in the RCRA regulations. All other
SW-846 updates will be finalized more efficiently as guidance, such as
by releasing a draft SW-846 update in conjunction with publication of a
Federal Register document with an invitation for public comment before
finalizing the update. The Agency may also use other means of update
release and public notification to assure that reliable, innovative
methods are provided to the regulated community in a timely and cost-
effective manner.
At a minimum, future procedures for releasing new SW-846 methods
will include a critical method evaluation process, in order to continue
to assure the publication of reliable methods for the RCRA Program.
Peer input and review, internal and external, are already in place
within the RCRA monitoring program to ensure that its products (e.g.,
new SW-846 methods) are based upon the best current knowledge from
science and judged credible by those who deal with the products.
Currently, the Agency receives peer input regarding any method
considered for inclusion in SW-846 from an internal technical work
group composed of national expert-level chemists and sometimes external
experts, as required based on the necessary expertise. To augment this
process, the Agency is considering an approach whereby additional
relevant experts from outside the program are invited to evaluate new
methods, through peer review or another advisory process. Such
reviewers or advisors might include both internal (from within EPA) or
external (outside EPA) peers of the program staff. The new process is
expected to include a critical evaluation of a final new method, before
its release, whereby formal comments are submitted and a review record
created and maintained.
The Agency is interested in comments regarding possible alternative
approaches to SW-846 update releases, if, as mentioned above, the rule
to remove certain required uses of SW-846 methods is finalized.
Specifically:
1. Should EPA continue to solicit public comments on SW-846
methods? Should the Agency use more timely means of releasing updates
other than Federal Register documents and under what circumstances
would such procedures be preferred or necessary?
2. What future mechanism should be used to assure adequate and
quality review of methods? How could EPA best make use of peer review
or another advisory process in the development of guidance and methods
for RCRA-related monitoring?
D. Improving SW-846 Availability to the Public
In order to further promote the availability of RCRA-related
monitoring technologies, EPA is considering an SW-846 distribution
approach which offers more choices to the public for obtaining SW-846
methods. For most of the history of SW-846, the public received paper
copies of SW-846 through a subscription service with the Government
Printing Office (GPO), or the public purchased paper copies of any
portion of the manual at any time through the National Technical
Information Service (NTIS).
In response to requests for electronic versions of the SW-846
methods, EPA published in 1996 a CD-ROM version of the manual for sale
from NTIS. EPA and NTIS recently completed Version 2 of the SW-846 CD-
ROM, which includes the manual as revised through Update III. The SW-
846 CD uses Adobe Acrobat Reader with Search, supplied with the CD, to
view the SW-846 methods and chapters. As explained below, EPA is also
planning to offer all of the SW-846 methods and chapters on the
Internet, without the Adobe Acrobat search feature.
The Internet is another means used today by EPA to distribute
documents electronically to the general public. EPA has established a
policy of placing official rulemakings and related background documents
in support of the rulemakings on the Internet. The public has expressed
an interest in receiving SW-846 documents for free on the Internet, and
in response EPA has decided to make SW-846 available on the Internet in
the near future. SW-846 is very large, both in number of documents and
electronic file size (several methods contain many imported diagrams
and flow charts). EPA is interested in determining whether the
downloading of the entire manual from the Internet will be too timely
or otherwise impractical or difficult for most Internet users. If the
Agency determines that having the current SW-846 on the Internet
provides a valuable service to the public, then EPA will make
subsequent SW-846 updates, and other relevant testing protocols and
documents, available on the Internet.
EPA is requesting comment on the effectiveness of the above means
to distribute SW-846. The Agency is also interested in other ideas for
making SW-846 methods more available. The Agency understands that
making SW-846 available on the Internet without cost may alleviate the
need to purchase paper versions of the manual.
E. Improving Public Outreach and Communication Regarding SW-846 and
RCRA-Related Monitoring
The Agency currently uses many different means (e.g., Federal
Register documents, training, and symposia) to inform the public of
important activities within its programs. EPA is considering an
approach which both maintains and supplements these means of public
communication in a manner that
[[Page 25434]]
improves public outreach and communication regarding SW-846 and RCRA-
related monitoring. EPA believes that improving public outreach will
promote public preparedness and understanding regarding the reforms
discussed in sections II.A through II.C. The Agency also believes that
improved outreach efforts will help dispel any misconceptions regarding
SW-846 and RCRA-related monitoring. The paragraphs to follow describe
some of the communication and outreach efforts which the Agency is
considering maintaining or expanding. EPA is interested in public
comment regarding these efforts and suggestions for other means to
improve public outreach and education.
The Agency remains open to the needs and interests of environmental
laboratories and the regulated community and is interested in receiving
comment on those needs and interests. Specifically, EPA wants to
facilitate communication and work directly with the laboratories and
the regulated community regarding the application of SW-846 methods.
The Agency hopes that this increase in communication will both assure
the correct interpretation of SW-846 methods and facilitate the
resolution of any problems with method application. For example, EPA is
currently working with the International Association of Environmental
Testing Laboratories (IAETL) Section of the American Council of
Independent Laboratories (ACIL) regarding the application of certain
SW-846, Update III methods.
EPA also intends to continue to work with outside organizations or
individuals in developing new methods for inclusion in SW-846. EPA
developed and currently maintains a variety of partnerships with many
sectors of the environmental analytical community (such as other
Federal Agencies, private industry, State agencies, Consensus Standard
Organizations, and academic institutions) to develop various analytical
techniques for SW-846 such as microwave digestion, immunoassay, and
field portable XRF methods, to name a few. For example, EPA is
currently working with the private sector in the development of
additional SW-846 screening methods for organic analytes.
As part of its efforts to increase the role of the scientific
community in the implementation of monitoring under the RCRA and
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) Programs, EPA joined in a partnership with the American
Chemical Society to annually sponsor the Waste Testing and Quality
Assurance (WTQA) Symposium. The symposium was initiated in 1985 as part
of EPA's efforts to foster a partnership among EPA, the regulated
community, the public, State regulatory agencies, and other members of
the RCRA and CERCLA monitoring community. Attendees have an opportunity
at the symposium to share new monitoring approaches and technologies
and to contribute to discussions regarding regulatory issues and
initiatives. The WTQA currently has three goals: (1) to serve as a
forum for all interested parties to work together to solve RCRA and
CERCLA environmental monitoring and waste characterization problems in
a cost-effective manner, (2) to give State regulatory agencies and the
public timely information about EPA activities that might affect their
programs, and (3) to permit the members of the monitoring community an
opportunity to exchange information and experiences in using both
existing and new monitoring methods and approaches. Thus, the WTQA
Symposium has always served as an effective means to educate the public
and regulators regarding the inherent flexibility of SW-846 methods and
to foster new technology development. It has also always served as an
effective forum for feedback regarding successes and failures during
monitoring and to disseminate knowledge regarding new and modified
approaches and their performance in the real-world.
The Agency will continue to annually sponsor the WTQA Symposium.
The WTQA Symposium will be held this year (1998) on July 13 through 15
at the Marriott Crystal Gateway in Arlington, Virginia. This year's
symposium will focus on PBMS implementation and its potential impact on
the regulated community and testing laboratories. EPA plans to hold
issue workshops on PBMS and perhaps regarding other reforms to RCRA-
related monitoring. Attendees will also learn about the newest
laboratory methods associated with environmental monitoring and quality
assurance/quality control (QA/QC), and about how changes regarding
monitoring conducted in support of EPA's programs will affect their
operations.
The Methods Information Communication Exchange (MICE) Service, or
``Hotline,'' is another existing means that the Agency uses to
communicate with the public regarding RCRA-related monitoring. The MICE
Service provides timely answers to method-related questions and takes
comments via the telephone, fax, or e-mail. Chemists, ground-water
specialists, and sampling experts who are knowledgeable in SW-846
procedures are directly available through the MICE Service to the
public and regulators involved in RCRA-related monitoring. People
interested in using the MICE Service call a voice mail answering
service that is available 24 hours per day, 7 days a week. The caller
can listen to several recorded messages on common SW-846 topics and
subsequently leave a message containing a question regarding an SW-846
method or related topic. The messages are retrieved each working day
and, after a review of the questions and any necessary research, the
MICE Service provides a response.
The MICE Service also acts as an effective means to educate members
of the public directly regarding inherent method flexibility and to
clarify whether a method is required by a RCRA regulation. The service
therefore can be used in the future to help assure the proper
application of SW-846 methods from a PBMS standpoint. The MICE Service
also documents existing misconceptions or issues regarding SW-846
methods, and thus serves as a first step in identification and
resolution of some issues. Because of its unique and immediate means of
public outreach and education, EPA will continue to sponsor the MICE
Service. Instructions regarding contacting the MICE Service can be
found under the section of this document entitled FOR FURTHER
INFORMATION CONTACT.
The Agency also authors articles for publication in professional
periodicals as a means to educate the public and regulators regarding
news-worthy topics. The staff of EPA's Office of Solid Waste (OSW)
frequently contribute articles to environmental magazines and journals
regarding SW-846 and other topics related to monitoring in support of
RCRA regulations. The articles educate and inform the public regarding
new analytical or sampling methodologies, SW-846 and the regulatory
process, the inherent flexibility of SW-846 methods, and the status of
various updates to SW-846.
EPA will continue to use magazine and journal articles as a means
to help dispel misconceptions by regulators and the regulated community
regarding SW-846 flexibility and to clarify EPA's policy on method
flexibility and PBMS. OSW has submitted articles which educate the
public regarding the implementation of PBMS. Specifically, an article
in ``Environmental Lab'' by two staff members of the Methods Team of
OSW included two PBMS-related sections entitled ``Method Flexibility
[[Page 25435]]
and the Performance-Based Measurement System (PBMS)'' and ``Method
Flexibility and PBMS Initiatives.'' Other publications to which OSW
submits articles include the bi-monthly ``Environmental Testing and
Analysis,'' which includes a new EPA-OSW Methods Update feature, and
the bi-weekly ``Environmental Laboratory Washington Report.''
As another means to provide timely communications to interested
parties, EPA presently lectures and conducts presentations in both this
country and abroad regarding innovative analytical technologies, new
analytical strategies and issues regarding RCRA-related monitoring. EPA
also provides training courses regarding monitoring under the RCRA
Program. The training course entitled ``Analytical Strategy for the
RCRA Program: A Performance-Based Approach'' is currently taught by OSW
staff to Regional, State and symposium (e.g., WTQA) audiences with the
intent to clarify the monitoring flexibility allowed by SW-846 methods
and the RCRA regulations and to promote and explain PBMS. Basically,
the training course explains: (1) the regulatory aspects of RCRA
analyses; (2) the role of SW-846, its organization and method format,
and its correct application for RCRA-related monitoring; and (3) the
factors to be considered in the selection of appropriate analytical
methods, especially within the context of a PBMS approach.
EPA is considering increasing the availability of Agency-sponsored
training, lectures, and presentations to the public, Regions, and
States regarding SW-846 and other topics, such as PBMS, related to
monitoring conducted in support of RCRA regulations. EPA is also
planning to provide training regarding the implementation of PBMS to
the Regions and other affected entities. In the future, EPA hopes to
provide RCRA-related training to the regulated community both in person
and via video or satellite broadcast.
Finally, EPA intends to use press releases and/or memoranda to
announce time-sensitive milestones related to SW-846 and monitoring
under the RCRA Program. For example, EPA is issuing a press release to
announce the availability of Draft Update IVA of SW-846, referring the
readers to this document. In addition, assuming the rule to remove
certain required uses of SW-846 methods from the RCRA regulations is
finalized (see section II.B above), the Agency is considering the use
of workshops, peer review panels, and/or public meetings as mechanisms
for disseminating information regarding new and revised SW-846 methods
and chapters.
The Agency is interested in comments from the public on all of the
above means (e.g, the WTQA Symposium, MICE Service, the use of journal
articles, and training courses) for improving public outreach and
communication regarding RCRA-related methods and monitoring. For
example, the Agency is interested in whether the public believes the
WTQA Symposium would benefit from merging with other EPA programs, and
is also interested in suggestions for improving the WTQA Symposium. EPA
would like comments regarding increasing the effectiveness and
availability of RCRA-related information and training for the public,
such as through video or satellite broadcast as mentioned above.
III. Availability of Draft Update IVA and Invitation for Public
Comment
This document also announces the availability of Draft Update IVA
to SW-846 and invites public comment on its content. EPA is publishing
this document for informational purposes only, and is not at this time
formally proposing to revise SW-846 by adding Update IVA or to
incorporate the update in the RCRA regulations for required uses.
Therefore, this document will not be used as a basis for a final rule
to update SW-846 or revise any regulation. EPA is attempting to make
these Agency-reviewed methods available to the public early, for
guidance purposes (i.e., the methods can be used in all applications
for which the use of SW-846 methods is not mandatory and for which they
are effective). In addition, as noted in section II above and explained
further at the end of this section, if the rule to remove certain
requirements to use SW-846 methods is finalized, the Agency will not
have to finalize certain SW-846 updates (including Draft Update IVA)
through the rulemaking process.
The Draft Update IVA methods have passed EPA's Technical Workgroup
review, but have not been promulgated for inclusion in SW-846 and the
RCRA regulations. As noted in section II of this document, several
regulations under subtitle C of RCRA currently require that certain SW-
846 methods be employed. Any reliable analytical method may be used to
meet other requirements in 40 CFR parts 260 through 270. The methods
listed in Draft Update IVA fall in the category of ``any reliable
method.'' They may currently be used in all applications for which the
use of SW-846 methods is not mandatory. The methods of Draft Update
IVA, however, cannot be used for compliance with required uses of SW-
846 methods. The Agency also cautions the regulated community to obtain
permission from the appropriate regulating entity, if required under
State or local regulations, before using these methods for non-
mandatory applications.
Table 1 provides a listing of the fifteen revised SW-846 methods
and five revised chapters or other SW-846 documents found in Draft
Update IVA. Table 1 also identifies those parts of each method or
chapters on which the Agency is interested in receiving public comment.
EPA is interested in comments from the public on the identified parts
because some or all of their text represents significant revisions from
the promulgated version of the document currently in SW-846, as amended
by Updates I through III.
(Note: Unless otherwise indicated as former sections, the section
numbers in Table 1 refer to the section numbers in the Draft Update
IVA version of the method.)
Significant revisions include text deletions, additions, or other
revisions that change a method's procedure or the intent or meaning of
the text. Significant revisions do not include typographical or
grammatical corrections, table reformatting (where the information is
not changed), logical outgrowths of other revisions (e.g., the
renumbering of sections to account for the addition of a new section),
or other edits that are not substantive changes to text intent or the
analytical procedure (e.g., the replacement of ``Teflon''' with
``PTFE''). Nonsignificant revisions also include the movement of
otherwise unchanged information to another appropriate location in the
method. For example, the order of some of the equipment listed in
section 4.0 of Method 8321B is different from that found in section 4.0
of Method 8321A; however, much of the equipment itself has not changed.
Therefore, Table 1 lists only those parts of section 4.0 of Method
8321B which have been significantly revised (e.g., new equipment
specifications). The Agency will, however, consider comments on the
reordering of otherwise unchanged information in the revised methods of
Update IVA.
Table 2 provides a listing of the thirteen new SW-846 methods found
in Draft Update IVA. Since these are new methods, EPA is interested in
comments on the content of all sections or parts of the new methods.
Finally, Table 3 identifies the forty-four methods to be integrated
or deleted from SW-846 as part of Draft Update IVA. All but one of
these methods are individual flame or graphite furnace
[[Page 25436]]
atomic absorption methods. The exception is Method 3810, ``Headspace'',
an obsolete headspace screening method which has been replaced by
Method 5021, ``Volatile Organic Compounds in Soils and Other Solid
Matrices Using Equilibrium Headspace Analysis.'' The Agency expects to
delete Method 3810 because it is no longer needed in SW-846 because
Method 5021 was recently added to SW-846 as part of Final Update III.
Method 5021 can be used for both quantitative analysis and screening
applications.
The individual atomic absorption methods are being deleted as part
of Draft Update IVA because their inclusion is redundant given that
their procedures and target analytes have been fully integrated into
revised Method 7000B (see Table 1) or new Method 7010 (see Table 2),
the general methods for the techniques. The Agency is interested in
comments on these method integrations and deletions. As mentioned
earlier in section II of this notice, several regulations under
subtitle C of RCRA currently require that certain SW-846 methods be
employed. Therefore, the methods contained in Draft Update IVA, cannot
be used for compliance with required uses of SW-846 methods and remain
in effect until the rule to remove the required use of SW-846 methods
has been promulgated.
Table 1.--Revised Methods and Chapters
------------------------------------------------------------------------
Sections or parts open
Method No. Method or chapter title for comment
------------------------------------------------------------------------
Table of Contents........ All parts.
Chapter Two.............. All parts.
Chapter Three............ All parts.
Chapter Four............. All parts.
Chapter Five............. All parts.
3015A.............. Microwave Assisted Acid All parts.
Digestion of Aqueous
Samples and Extracts.
3051A.............. Microwave Assisted Acid All parts.
Digestion of Sediments,
Sludges, Soils, and Oils.
3535A.............. Solid-Phase Extraction All parts.
(SPE).
3545A.............. Pressurized Fluid 1.1-1.4; 2.1; 2.2; 3.3;
Extraction (PE). 5.3.4; 5.4.2; 5.4.3;
5.5.4; 5.5.6; 7.1.1;
7.1.3; 7.1.5; 7.1.6;
7.3; 7.5; 7.8.2; 7.9;
8.4; 9.4; 10.
6020A.............. Inductively Coupled All parts.
Plasma--Mass
Spectrometry.
7000B.............. Flame Atomic Absorption All parts.
Spectrophotometry.
7471B.............. Mercury in Solid or 7.1.
Semisolid Waste (Manual
Cold-Vapor Technique).
8081B.............. Organochlorine Pesticides 1.10; 2.2; 7.1; 7.3.1.2;
by Gas Chromatography. 7.7.2; 7.7.3; 7.9.2;
7.10.2; 9.1; 9.5-9.8;
10; Tables 12, 15, and
16; removal of former
sec. 7.7.6.
8082A.............. Polychlorinated Biphenyls 2.2; 2.3; 6.2; 7.1.1;
(PCBs) by Gas 7.1.2; 7.4.1; 7.4.2;
Chromatography. 7.4.3.1-7.4.3.3; 7.4.8;
7.4.9; 7.6.10; 7.9.2;
7.10.2; 8.3.1; 8.3.2;
9.5; 9.5.1-9.5.3; 9.6;
10; Tables 11-16;
removal of former secs.
7.10.4, 7.10.5, 8.3.1.1
and 8.3.1.2.
8141B.............. Organophosphorus 1.1; 1.4; 2.1-2.3; 3.5;
Compounds by Gas 5.1; 7.1; 7.1.1; 7.1.2;
Chromatography. 7.2.2; 7.2.3; 7.5.1;
7.8; 7.8.3; 7.8.4;
7.8.1-7.8.3; 8.1-8.3;
8.3.1-8.3.3; 8.4; 8.4.1-
8.4.6; 8.5; 8.6; 9.3;
9.4; 10; Table 4;
Tables 11-14; removal
of former secs.
8.3.3.1, 8.3.3.1.1-
8.3.3.1.5, 8.3.3.2, and
8.7, and 8.7.1-8.7.5.
8270D.............. Semivolatile Organic 1.1; 1.2; 1.4.7; 7.3.6;
Compounds by Gas 7.5.4; 7.5.4.1;
Chromatography/Mass 7.5.4.2; 9.8; 9.9; 10;
Spectrometry (GC/MS). Tables 16, 17, and 18.
8280B.............. Polychlorinated Dibenzo-p- 2.3.1; 2.3.2; 7.0;
Dioxins and 7.3.6; 7.4.6; 7.5.4.4;
Polychlorinated 10; Table 1 (footnote).
Dibenzofurans by High
Resolution Gas Chroma-
tography/Low Resolution
Mass Spectrometry (HRGC/
LRMS).
8290A.............. Polychlorinated Dibenzo- 1.1; 2.3; 4.2; 4.2.1;
dioxins (PCDDs) and Poly- 4.2.2; 4.3.21; 5.2.7;
chlorinated 5.4; 5.5; 5.6; 5.8;
Dibenzofurans (PCDFs) by 6.4; 6.6; 6.7.1; 7.1;
High-Resolution Gas 7.1.1; 7.4.1.4;
Chromatography/High- 7.4.2.2; 7.4.3.6;
Resolution Mass 7.4.5.3; 7.4.6.1;
Spectrometry (HRGC/HRMS). 7.4.6.5; 7.5.1;
7.5.1.4; 7.5.3.1-
7.5.3.6; 7.7.1.4.3;
7.7.1.4.4; 7.7.4.4;
7.8.3; 7.8.4.3.1;
7.9.3; 7.9.5.2; 7.9.6;
8.3.1; 8.3.3; 9.1-9.6;
10; Table 7; Tables 12-
17; Figures 1-6;
removal of former secs.
5.6.1, 5.6.2, and
8.3.4.2.1.
8321B.............. Solvent-Extractable 1.1; 1.2; 1.4; 1.5;
Nonvolatile Compounds by 2.1.3; 2.1.4; 2.2.1;
High Performance Liquid 2.2.3; 3.3; 3.4.2-
Chromatography/Thermo- 3.4.5; 4.1.2; 4.1.3.2;
spray/Mass Spectrometry 4.3; 4.3.1; 4.6.1-
(HPLC/TS/MS) or 4.6.4; 4.7; 4.8; 4.10;
Ultraviolet (UV) 4.19; 5.8; 5.9; 5.11;
Detection. 5.12; 5.16; 7.1; 7.1.3;
7.2.1.6; 7.3; 7.5.2.1;
7.5.2.2; 7.5.3.2;
7.6.1; 7.6.3; 7.7;
7.8.2.1; 7.8.2.2;
7.8.2.5; 7.8.3; 7.9;
7.9.1; 7.9.4; 7.10.2;
7.10.3; 7.11.1; 9.4;
10; Table 18; removal
of former secs.
7.5.2.8, 8.2.4, 9.2,
9.2.1, and 9.2.2;
removal of former
Tables 3, 10, 13, 14,
17, 18, and 19.
8330A.............. Nitroaromatics and 1.2; 2.3; 4.2.4; 7.1;
Nitramines by High 7.1.3; 7.3.2; 7.3.3;
Performance Liquid 7.4.2; 8.1; 8.2; 8.3;
Chromatography (HPLC). 8.4; 8.4.1-8.4.4; 8.5;
8.6; 9.7-9.9; 10; Table
2 (footnote), Tables 9-
11; removal of former
secs. 4.4 and 4.4.1.
------------------------------------------------------------------------
[[Page 25437]]
Table 2.--New Methods
------------------------------------------------------------------------
Method No. Method title
------------------------------------------------------------------------
3562................................... Supercritical Fluid Extraction
of Polychlorinated Biphenyls
(PCBs) and Organochlorine
Pesticides.
4500................................... Mercury in Soil by Immunoassay.
4670................................... Triazine Herbicides as Atrazine
in Water by Quantitative
Immunoassay.
6200................................... Field Portable X-Ray
Fluorescence Spectrometry for
the Determination of Elemental
Concentrations in Soil and
Sediment.
6500................................... Dissolved Inorganic Anions in
Aqueous Matrices by Capillary
Ion Electrophoresis.
6800................................... Elemental and Speciated Isotope
Dilution Mass Spectrometry.
7010................................... Graphite Furnace Atomic
Absorption Spectrophotometry.
7473................................... Mercury in Solids and Solutions
by Thermal Decomposition,
Amalgamation, and Atomic
Absorption Spectrophotometry.
7474................................... Mercury in Sediment and Tissue
Samples by Atomic Fluorescence
Spectrometry.
9000................................... Determination of Water in Waste
Materials by Karl Fischer
Titration.
9001................................... Determination of Water in Waste
Materials by Quantitative
Calcium Hydride Reaction.
9074................................... Turbidimetric Screening Method
for Total Recoverable
Petroleum Hydrocarbons in
Soil.
9216................................... Potentiometric Determination of
Nitrite in Aqueous Samples
with Ion-selective Electrode.
------------------------------------------------------------------------
Table 3.--Deleted Methods
------------------------------------------------------------------------
Method No. Method title
------------------------------------------------------------------------
3810a.................................. Headspace.
7020b.................................. Aluminum (Atomic Absorption,
Direct Aspiration).
7040b.................................. Antimony (Atomic Absorption,
Direct Aspiration).
7041........................ Antimony (Atomic Absorption,
Furnace Technique).
7060A....................... Arsenic (Atomic Absorption,
Furnace Technique).
7080Ab................................. Barium (Atomic Absorption,
Direct Aspiration).
7081........................ Barium (Atomic Absorption,
Furnace Technique).
7090b.................................. Beryllium (Atomic Absorption,
Direct Aspiration).
7091........................ Beryllium (Atomic Absorption,
Furnace Technique).
7130b.................................. Cadmium (Atomic Absorption,
Direct Aspiration).
7131A....................... Cadmium (Atomic Absorption,
Furnace Technique).
7140b.................................. Calcium (Atomic Absorption,
Direct Aspiration).
7190b.................................. Chromium (Atomic Absorption,
Direct Aspiration).
7191........................ Chromium (Atomic Absorption,
Furnace Technique).
7200b.................................. Cobalt (Atomic Absorption,
Direct Aspiration).
7201........................ Cobalt (Atomic Absorption,
Furnace Technique).
7210b.................................. Copper (Atomic Absorption,
Direct Aspiration).
7211........................ Copper (Atomic Absorption,
Furnace Technique).
7380b.................................. Iron (Atomic Absorption, Direct
Aspiration).
7381........................ Iron (Atomic Absorption,
Furnace Technique).
7420b.................................. Lead (Atomic Absorption, Direct
Aspiration).
7421........................ Lead (Atomic Absorption,
Furnace Technique).
7430b.................................. Lithium (Atomic Absorption,
Direct Aspiration).
7450b.................................. Magnesium (Atomic Absorption,
Direct Aspiration).
7460b.................................. Manganese (Atomic Absorption,
Direct Aspiration).
7461........................ Manganese (Atomic Absorption,
Furnace Technique).
7480b.................................. Molybdenum (Atomic Absorption,
Direct Aspiration).
7481........................ Molybdenum (Atomic Absorption,
Furnace Technique).
7520b.................................. Nickel (Atomic Absorption,
Direct Aspiration).
7521........................ Nickel (Atomic Absorption,
Furnace Method).
7550b.................................. Osmium (Atomic Absorption,
Direct Aspiration).
7610b.................................. Potassium (Atomic Absorption,
Direct Aspiration).
7740........................ Selenium (Atomic Absorption,
Furnace Technique).
7760Ab................................. Silver (Atomic Absorption,
Direct Aspiration).
7761........................ Silver (Atomic Absorption,
Furnace Technique).
7770b.................................. Sodium (Atomic Absorption,
Direct Aspiration).
7780b.................................. Strontium (Atomic Absorption,
Direct Aspiration).
7840b.................................. Thallium (Atomic Absorption,
Direct Aspiration).
7841........................ Thallium (Atomic Absorption,
Furnace Technique).
7870b.................................. Tin (Atomic Absorption, Direct
Aspiration).
7910b.................................. Vanadium (Atomic Absorption,
Direct Aspiration).
7911........................ Vanadium (Atomic Absorption,
Furnace Technique).
7950b.................................. Zinc (Atomic Absorption, Direct
Aspiration).
7951........................ Zinc (Atomic Absorption,
Furnace Technique).
------------------------------------------------------------------------
a --Replaced by Method 5021
b --Integrated into Method 7000B
-Integrated into Method 7010
IV. Basis for Making Draft Update IVA Available and Agency Plans
for Finalizing the Update
For previous updates to SW-846, EPA published a notice of proposed
rulemaking in the Federal Register, requested public comment, and
subsequently published a notice of final rulemaking. This process was
necessary because, as noted above, the use of some of these methods is
required by some of the hazardous waste regulations under subtitle C of
RCRA. However, for Draft Update IVA, EPA is initially publishing a
document of its availability and inviting public comment on the Agency-
reviewed methods and chapters.
EPA believes that Draft Update IVA will be valuable to the public
as guidance, and thus has taken today's action to expedite its
availability, instead of delaying distribution of this update to
coincide with publication of a notice of proposed rulemaking. EPA
believes this approach will allow introduction of Draft Update IVA
methods to the public in a more timely manner than the proposal
process, without compromising the method review and approval process.
EPA also believes this approach will allow greater flexibility in the
use of guidance methods, for Regional, State, and local agencies as
well as industry; and will allow the regulated community an opportunity
to participate early in the method review process with the submittal of
comments on the draft methods. The Agency will consider all comments
received on Draft Update IVA.
As noted in section II of this document, the methods in SW-846 are
currently required by some of the RCRA regulations. As also explained
in section II, EPA is planning to formally propose in the Federal
Register the removal from the RCRA regulations certain requirements to
use SW-846 methods. The Agency notes that none of the methods in Draft
Update IVA are required for use in defining the hazardous waste
characteristics. EPA expects that the methods and chapters of Draft
Update IVA will remain in their current Agency-reviewed form until the
SW-846 deregulatory rule is finalized. EPA hopes to then revise Draft
Update IVA, as appropriate, in response to public comment and plans to
publish a document of availability in the Federal Register for the
final update. The publication of a proposed and final rule in the
Federal Register for Update IVA will not be necessary once the
deregulatory rule has been finalized. Should the SW-846 deregulatory
rule be proposed but not finalized in a timely
[[Page 25438]]
manner and should EPA determine that promulgated versions of the Update
IVA methods are needed for compliance purposes, EPA will publish a
notice of proposed rulemaking and a final rulemaking for the update.
V. Request for Comment on the Removal of Chapter Eleven From SW-846
The hazardous waste management regulations for permitted facilities
(40 CFR 264) were promulgated in July 1982 under subtitle C of the
Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act (RCRA) of 1976, and the Hazardous and Solid Waste
Amendments of 1984 (HSWA). Subpart F under these regulations, Releases
From Solid Waste Management Units, sets forth performance standards for
ground-water monitoring systems at permitted hazardous waste land
disposal facilities. A manual was prepared by the Office of Solid Waste
to provide guidance for implementing the ground-water monitoring
regulations for regulated units contained in 40 CFR 264, subpart F, and
the permitting standards of 40 CFR 270. In 1986, EPA released two
documents relating to RCRA ground-water monitoring, specifically the
``RCRA Groundwater Monitoring Technical Enforcement Guidance'' (TEG)
and Chapter Eleven of SW-846, entitled ``Groundwater Monitoring.'' In
November 1992, the Agency's Groundwater Monitoring Program revised the
technical procedures for TSDF compliance with ground-water monitoring
requirements and documented the procedures in a 1992 document entitled
``RCRA Groundwater Monitoring Draft Technical Guidance.'' However, the
1986 version of Chapter Eleven of SW-846 was not updated at that time
in conjunction with the 1992 ground-water monitoring guidance, and thus
the chapter remains out of date. At the present time, most of the
regulated community is using the ground-water monitoring guidance
issued in 1992 as the standard for RCRA ground-water monitoring
compliance. Therefore, EPA would like to remove the outdated Chapter
Eleven of SW-846, and replace it with a referral to the most current
version of the ground-water monitoring guidance originally issued by
the Office of Solid Waste in 1992. The Agency is requesting comment on
this approach. EPA is currently updating the November 1992 ground-water
monitoring guidance. However, Chapter 11 will remain in SW-846 until
the rule to remove the required use of SW-846 has been finalized.
Dated: April 24, 1998.
Matthew Hale,
Acting Director, Office of Solid Waste.
[FR Doc. 98-12309 Filed 5-7-98; 8:45 am]
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