[Federal Register Volume 64, Number 21 (Tuesday, February 2, 1999)]
[Rules and Regulations]
[Pages 4975-4978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2197]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 136

[FRL-6227-4]


Whole Effluent Toxicity: Guidelines Establishing Test Procedures 
for the Analysis of Pollutants; Final Rule, Technical Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule, technical corrections.

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SUMMARY: EPA is amending the ``Guideline Establishing Test Procedures 
for the Analysis of Pollutants'' at 40 CFR part 136 for whole effluent 
toxicity (WET) testing under the Clean Water Act, and also is amending 
three technical documents incorporated by reference in those 
regulations. The amendments correct minor errors and omissions, provide 
technical clarifications, and establish consistency among the technical 
documents.

DATES: These corrections are effective March 4, 1999. The incorporation 
by reference of the publication dates listed in this rule is approved 
by the Director of the Office of the Federal Register on March 4, 1999. 
In accordance with 40 CFR 23.2, this rule shall be considered issued 
for the purposes of judicial review February 16, 1999, at 1:00 pm EST.

FOR FURTHER INFORMATION CONTACT: Marion Thompson, Engineering and 
Analysis Division (4303), U.S. Environmental Protection Agency, Office 
of Science and Technology, 401 M Street, SW, Washington, DC 20460, or 
call (202) 260-7117; or Teresa J. Norberg-King, National Health and 
Environmental Effects Research Laboratory, Mid-Continent Ecology 
Division, Office of Research and Development, U.S. Environmental 
Protection Agency, 6201 Congdon Boulevard, Duluth, MN 55804, or call 
(218) 529-5163.

SUPPLEMENTARY INFORMATION:

I. Background

    In 1995, EPA amended the ``Guidelines Establishing Test Procedures 
for the Analysis of Pollutants,'' 40 CFR part 136, to add whole 
effluent toxicity (WET) testing methods to the list of Agency approved 
methods in Tables IA and II, for data gathering and compliance 
monitoring under the Clean Water Act (60 FR 53529, October 16, 1995). 
This ``WET final rule'' amended 40 CFR 136.3 by adding methods that 
employ standardized freshwater, marine, and estuarine vertebrates, 
invertebrates, and plants to directly measure the acute and short-term 
chronic toxicity of effluents and receiving waters. The WET final rule 
incorporated the following three technical documents by reference: 
Methods for Measuring the Acute Toxicity of Effluents and Receiving 
Water to Freshwater and Marine Organisms; Fourth Edition, August 1993 
(EPA/600/4-90/027F); Short-Term Methods for Estimating the Chronic 
Toxicity of Effluents and Receiving Water to Freshwater Organisms, 
Third Edition, July 1994 (EPA/600/4-91/002); and Short-Term Methods for 
Estimating the Chronic Toxicity of Effluents and Receiving Water to 
Marine and Estuarine Organisms, Second Edition, July 1994 (EPA/600/4-
91/003).
    The WET final rule and the aquatic toxicity test manuals contained 
various minor errors; today's amendments correct typographical errors 
and minor omissions. These amendments also provide technical 
clarifications and changes for consistency among the three test 
manuals.
    The Administrative Procedure Act, 5 U.S.C. 553, states that when an 
Agency finds good cause, it may issue a rule without first providing 
for notice and comment. This rule corrects typographical errors and 
minor omissions, and provides consistency among the WET final rule and 
the aquatic toxicity test manuals incorporated by reference at 40 CFR 
136.3. Today's revisions eliminate confusion and provide clarification. 
The revisions are not substantive. Most of these minor, non-substantive 
corrections were brought to the Agency's attention by the public. 
Therefore, prior notice and public opportunity for comment is 
unnecessary.

II. Corrections to the Regulation

    This rule corrects typographical errors and minor omissions and 
provides consistency in the regulatory language and the three aquatic 
toxicity test manuals incorporated by reference in the WET final rule. 
Corrections include replacing or amending text with appropriate wording 
for clarification and consistency.
    Specifically, this rule corrects a typographical error in the 
regulatory language for the WET final rule in Table II at Sec. 136.3(e) 
by changing the ``maximum holding time'' for aquatic toxicity tests 
from 6 hours to 36 hours. Despite the inclusion of the correct 36 hour 
maximum holding time in the aquatic toxicity test manuals, 6 hours was 
inadvertently listed in the regulatory language for the WET final rule. 
The Agency's intention was to include the 36 hour maximum holding time 
in the regulatory language for the WET final rule.
    This rule also incorporates by reference an ``errata'' document 
that lists specific corrections to each aquatic toxicity test manual 
incorporated by reference in the WET final rule. The following three 
paragraphs (A, B, and C) describe the errata for each aquatic toxicity 
methods manual and address specific corrections included in each manual 
that the Agency believes require further explanation. The title of the 
errata document is: Errata for the Effluent and Receiving Water 
Toxicity Testing Manuals: Acute Toxicity of Effluents and Receiving 
Waters to Freshwater and Marine Organisms; Short-Term Methods for 
Estimating the Chronic Toxicity of Effluents and Receiving Waters to 
Freshwater Organisms; and Short-Term Methods for Estimating the Chronic 
Toxicity of Effluents and Receiving Waters to Marine and Estuarine 
Organisms (EPA-600/R-98/182, January 1999). A listing of the reference 
for this errata document and where it can be viewed or obtained is 
provided in Sections IV and V of this notice.

[[Page 4976]]

A. Corrections to Acute Manual

    There are eight items in the errata: Methods for Measuring the 
Acute Toxicity of Effluents and Receiving Waters to Freshwater and 
Marine Organisms (hereinafter, acute manual). Four items (Items 1, 2, 3 
and 7) establish consistent language among the three test manuals to 
prevent confusion. When the WET rule was promulgated in 1995, the 
language in the acute manual should have been the same as the language 
included in the other two manuals. Upon close consideration after 
rulemaking, it became apparent that the acute manual (published in 
1993) did not include portions of the other manuals (published in 
1994). Today's amendments, by incorporation of the errata document, 
correct those omissions. Items 4 and 8 correct typographical errors and 
minor omissions. Items 5 and 6 correct typographical errors to avoid 
confusion regarding the supplemental test species list (Appendix B) and 
the recommended test conditions for Cyprinella leedsi and Holmesimysis 
costata. The name change of the species Notropis leedsi to Cyprinella 
leedsi occurred after publication of acute manual and the correct 
reference for this change is now cited.

B. Corrections to Freshwater Chronic Manual

    There are 10 items in the errata: Short-Term Methods for Estimating 
the Chronic Toxicity of Effluents and Receiving Waters to Freshwater 
Organisms (hereinafter, freshwater chronic manual). For Item 1, the 
section regarding effluent sampling in the freshwater chronic manual 
are identical to those included in the acute manual. This language is 
inappropriate and not intended for chronic tests because excessive 
testing would be done and flow-through tests are not conducted for the 
short-term tests in the freshwater chronic manual. Items 2 and 3 
clarify the wording that describes the handling and feeding of nauplii. 
Items 4, 5, 6, 7, and 9 are minor typographical corrections. Item 8 
provides consistency in terminology and prevents confusion in the 
reporting of survival values in the test controls and the mean number 
of young per female for the Ceriodaphnia dubia test. Item 10 corrects 
errors made in presenting the LC50 value.

C. Corrections to Marine and Estuarine Chronic Manual

    There are nine items in the errata: Short-Term Methods for 
Estimating the Chronic Toxicity of Effluents and Receiving Waters to 
Marine and Estuarine Organisms (hereinafter, marine and estuarine 
chronic manual). For Item 1, the section regarding effluent sampling in 
the marine and estuarine chronic manual are identical to those included 
in the acute manual. This language is inappropriate and not intended 
for chronic tests and would, therefore, cause excessive testing because 
flow-through tests are not included for the short-term chronic tests 
included in the marine and estuarine chronic manual. Items 2, 4, 5, 6, 
7, 8 and 9 correct typographical errors. Item 3 corrects an 
inconsistency between the tabulated data and the probit analysis of 
that data.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty, contain any unfunded 
mandate, or impose any significant or unique impact on small 
governments as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). This rule also does not require prior consultation 
with State, local, and tribal government officials as specified by 
Executive Order 12875 (58 FR 58093, October 23, 1993) or Executive 
Order 13084 (63 FR 27655, May 10, 1998), or involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O. 
13045 as applying only to those regulatory actions that are based on 
health or safety risks, such that the analysis required under section 
5-501 of the Order has the potential to influence the regulation. This 
rule is not subject to E.O. 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks. 
This action contains no information collection requirements. Therefore, 
no information collection request has been submitted to the Office of 
Management and Budget (OMB) for review and approval under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of Congress and to the Comptroller General of the United 
States. However, section 808 provides that any rule for which the 
issuing agency for good cause finds (and incorporates the finding and a 
brief statement of reasons therefor in the rule) that notice and public 
procedure thereon are impracticable, unnecessary, or contrary to the 
public interest, shall take effect at such time as the Agency 
promulgating the rule determines. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of March 4, 1999. 
EPA will submit 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 United States prior to publication of 
the rule in the Federal Register. This rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

IV. Materials Incorporated by Reference Into 40 CFR Part 136

    USEPA, 1999. Errata for the Effluent and Receiving Water Toxicity 
Testing Manuals: Acute Toxicity of Effluents and Receiving Waters to 
Freshwater and Marine Organisms; Short-Term Methods for Estimating the 
Chronic Toxicity of Effluents and Receiving Waters to Freshwater 
Organisms; and Short-Term Methods for Estimating the Chronic Toxicity 
of Effluents and Receiving Waters to Marine and Estuarine Organisms. 
January 1999. U.S. Environmental Protection Agency, Office of Research 
and Development, Duluth, MN. EPA-600/R-98/182.

V. Public Availability of Materials To Be Incorporated by Reference

    The full text of the errata document incorporated by reference in 
today's rulemaking will be available to the general public from the 
following sources:
    Water Docket: Paper version of the errata document, along with the 
public record for this rule and the WET final rule, are available from 
the U.S. Environmental Protection Agency, Water Docket, 401 M Street 
SW, Washington, DC 20460. For access to these materials, call 202-260-
3027 on Monday through Friday, excluding Federal holidays, between 9:00 
a.m. and 3:30 p.m. Eastern Time for an appointment.

[[Page 4977]]

    Internet: Electronic version is available via the Internet at 
http://www.epa.gov/OST.
    National Center for Environmental Publications and Information 
(NCEPI): Electronic or paper version is available from the U.S. 
Environmental Protection Agency, National Center for Environmental 
Publications and Information (NCEPI), P.O. Box 42419, Cincinnati, OH 
45242 by phone at 1-800/490-9198, fax at (513) 489-8695, or via the 
Internet at http://www.epa.gov/ncepihom.
    EPA Office of Water Resource Center: Electronic or paper version is 
available from the Water Resource Center, 401 M Street, SW, Washington, 
DC 20460 by phone at (202) 260-7786.
    EPA Regional Office Libraries: EPA has 10 Regional offices around 
the country, each with a publicly accessible library. Copies of the 
errata document can be viewed and copied at these EPA Regional 
libraries: EPA Region I, JFK Federal Building, One Congress Street, 
Boston, MA 02203-0001, (617) 918-1111; EPA Region 2, 290 Broadway, New 
York, NY 10007, (212) 637-3185; EPA Region 3, 1650 Arch Street, 
Philadelphia, PA 19103-2029, (215) 814-5000; EPA Region 4, Sam Nunn 
Atlanta Federal Center, 61 Forsythe Street SW, Atlanta, GA 30303, (404) 
562-8190; EPA Region 5, 77 West Jackson Blvd., Chicago, IL 60604-3507, 
(312) 353-2022; EPA Region 6, First Interstate Bank Tower at Fountain 
Place, 1445 Ross Avenue, 12th Floor, Suite 1200, Dallas, TX 75202-2733, 
(214) 665-6424; EPA Region 7, 726 Minnesota Avenue, Kansas City, KS 
66101, (913) 551-7003; EPA Region 8, 999 18th Street, Suite 500, 
Denver, CO 80202-2466, (303) 312-6312; EPA Region 9, 75 Hawthorne 
Street, San Francisco, CA 94105, (415) 744-1570; EPA Region 10, 1200 
Sixth Avenue, Seattle, WA 98101, (206) 553-1200.
    Public Libraries: A summary of this rule and the errata document 
have been placed in the combined catalogues of the Online Computer 
Library Center (OCLC) in Columbus, Ohio, available to all member 
libraries across the country (approximately 13,000). This summary will 
facilitate public access through interlibrary loans from the Regional 
EPA libraries. Through OCLC, EPA has placed the summary and access 
information in the Online Library System. Finally, EPA has provided the 
national association of public libraries with a summary of this rule 
and the errata document as a way of emphasizing their availability.
    The errata document will also be available for viewing and copying 
through the following state library associations: Alabama Library 
Association, 400 S. Union Street, Suite 140, Montgomery, AL 36104; 
Alaska Library Association, PO Box 81084, Fairbanks, AL 99708-1084; 
Arizona State Library Association, 14449 North 73rd Street, Scottsdale, 
AZ 85260-7838; Arkansas Library Association, 9 Shackleford Plaza, Suite 
1, Little Rock, AR 72203; California Library Association, 717 K. 
Street, Suite 300, Sacramento, CA 95814-3477; Colorado Library 
Association, 4350 Wadsworth Boulevard, #340, Wheat Ridge, CO 80033; 
Connecticut Library Association, Franklin Commons, 106 Route 32, 
Franklin, CT 06254; Delaware Library Association, PO Box 816, 
Wilmington, DE 19903; District of Columbia Library Association, PO Box 
14177, Benjamin Franklin Station, Washington, DC 20044; Florida Library 
Association, 1133 W. Morse Blvd., Winter Park, FL 32789-3788; Georgia 
Library Association, c/o SOLINET, 1438 West Peachtree Street NW, 
Atlanta, GA 30309-2955; Guam Library Association, PO Box 22515 GFM, 
Barrigada, GU 96921; Hawaii Library Association, PO Box 4441, Honolulu, 
HI 96813; Idaho Library Association, 3577 East Pecan, Boise, ID 83716-
7115; Illinois Library Association, 33 W. Grand Avenue, #301, Chicago, 
IL 60610; Indiana Library Federation 6408 Carrollton Avenue, 
Indianapolis, IN 46220-1615; Iowa Library Association, 505 Fifth 
Avenue, Suite 823, Des Moines, IA 50309; Kansas Library Association, 
South Central Kansas Library System, 901 N. Main, Hutchinson, KS 67501-
4401; Kentucky Library Association, 1501 Twilight Tr., Frankfort, KY 
40601; Louisiana Library Association, PO Box 3058, Baton Rouge, LA 
70821; Maine Library Association, Community Drive, Augusta, ME 04330; 
Maryland Library Association, 400 Cathedral Street, 3rd Floor, 
Baltimore, MD 21201; Massachusetts Library Association, Countryside 
Offices 707 Turnpike St., North Andover, MA 08145; Michigan Library 
Association, 6810 S. Cedar, Suite 6, Lansing, MI 48911; Minnesota 
Library Association, 1315 Lowrey Avenue, N. Minneapolis, MN 55411-1398; 
Mississippi Library Association, PO Box 20488, Jackson, MS 39289-1448; 
Missouri Library Association, 1306 Business 63 South, Suite B, 
Columbia, MO 65201; Montana Library Association, 507 Fifth Avenue, 
Helena, MT 59601-4359; Nebraska Library Association, 1422 Boswell 
Avenue, Box 98, Crete, NE 68333; Nevada Library Association, 100 
Stewart Street, Carson City, NV 89710; New Hampshire Library 
Association, PO Box 2322, Concord, NH 03235; New Jersey Library 
Association, Box 1534, Trenton, NJ 08607; New Mexico Library 
Association, PO Box 26074, Albuquerque, NM 87125; New York Library 
Association, 252 Hudson Avenue, Albany, NY 12210; North Carolina 
Library Association, State Library of North Carolina, 109 East Jones 
Street, Raleigh, NC 27601; North Dakota Library Association, University 
of North Dakota-Lake Region, 1800 N. College Drive, Devil's Lake, ND 
58301; Ohio Library Council, 35 E. Gay Street, Suite 305, Columbus, OH 
43215; Oklahoma Library Association, 300 Hardy Drive, Edmond, OK 73013; 
Oregon Library Association, PO Box 2042, Salem, OR 97308; Pennsylvania 
Library Association, 1919 N. Front Street, Harrisburg, PA 17110; Rhode 
Island Library Association, PO Box 7858, Warwick, RI 02887-7858; South 
Carolina Library Association, PO Box 219, Goose Creek, SC 29445; South 
Dakota Library Association, PO Box 673, Pierre, SD 57501; Tennessee 
Library Association, PO Box 158417, Nashville, TN 37215-8417; Texas 
Library Association, 3355 Bee Cave Road, #401, Austin, TX 78746; Utah 
Library Association, PO Box 711789, Salt Lake City, UT 84171-1789; 
Vermont Library Association, Box 803, Burlington, VT 05402-0803; St. 
Thomas/St. John Library Association, University of Virgin Islands, St. 
Thomas, VI 00802; St. Croix Library Association, PO Box 306164, 
Veterans Drive Station, Charlotte Amalie, VI 00803; Virginia Library 
Association, PO Box 8277, Norfolk, VA 23503-0277; Washington Library 
Association, 4016 First Avenue NE, Seattle, WA 98105-6502; West 
Virginia Library Association, PO Box 5221, Charleston, WV 25361; 
Wisconsin Library Association, 5250 East Terrace Drive, Suite A, 
Madison, WI 53718-8345; Wyoming Library Association, Sweetwater County 
Library, PO Box 550, Green River, WY 82935.
    A limited number of copies of the errata document incorporated by 
reference will be available from the EPA Regional offices and the State 
NPDES permitting offices. Finally, after first printing, copies will be 
available from the National Technical Information Service (NTIS), 
Springfield, VA by phone at (703) 487-4650, by fax at (703) 321-8547, 
or via the Internet at http://www.ntis.gov. NTIS is an organization 
within the U.S. Department of Commerce.
    EPA is also notifying the following groups of the availability of 
these documents: International Association of Environmental Testing 
Laboratories; American Society of Testing Materials; Society of 
Environmental Toxicology

[[Page 4978]]

and Chemistry; American Chemical Society; Water Environment Federation; 
Association of Metropolitan Sewerage Agencies; AOAC International; and 
EPA's Discharge Monitoring Requirement Quality Assurance Program.

List of Subjects in 40 CFR Part 136

    Environmental protection, Analytical methods, Incorporation by 
reference, Monitoring, Reporting and recordkeeping requirements, Waste 
treatment and disposal, Water pollution control.
    Dated: January 22, 1999.
J. Charles Fox,
Assistant Administrator, Office of Water.

    For the reasons set out in the preamble, Part 136, title 40, 
chapter I of the Code of Federal Regulations, is amended as follows:

PART 136--GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS 
OF POLLUTANTS

    1. The authority citation for Part 136 continues to read as 
follows:

    Authority: Secs. 301, 304(h), 307, and 501(a) Pub. L. 95-217, 91 
Stat. 1566, et seq. (33 U.S.C. 1251, et seq.) (the Federal Water 
Pollution Control Act Amendments of 1972 as amended by the Clean 
Water Act of 1977.)

    2. Section 136.3 is amended by adding paragraph (b)(41) and 
revising the entry for ``Table IA--Aquatic Toxicity Tests'' in 
paragraph (e) Table II as follows:


Sec. 136.3  Identification of test procedures.

* * * * *
    (b) * * *
    (41) USEPA, January 1999 Errata for the Effluent and Receiving 
Water Testing Manuals: Acute Toxicity of Effluents and Receiving Waters 
to Freshwater and Marine Organisms; Short-Term Methods for Estimating 
the Chronic Toxicity of Effluents and Receiving Waters to Freshwater 
Organisms; and Short-Term Methods for Estimating the Chronic Toxicity 
of Effluents and Receiving Waters to Marine and Estuarine Organisms. 
U.S. Environmental Protection Agency, Office of Research and 
Development, Duluth, MN. EPA-600/R-98/182.
* * * * *
    (e) * * *

                   Table II.--Required Containers, Preservation Techniques, and Holding Times
----------------------------------------------------------------------------------------------------------------
       Parameter No./name               Container \1\            Preservation  2, 3     Maximum holding time \4\
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Table IA--Aquatic Toxicity        P,G.                       Cool, 4  deg.C \16\        36 hours.
 Tests: 6-10 Toxicity, acute and
 chronic.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
\1\ Polyethylene (P) or glass (G). For microbiology, plastic sample containers must be made of sterilizable
  materials (polypropylene or other autoclavable plastic).
\2\ Sample preservation should be performed immediately upon sample collection. For composite chemical samples,
  each aliquot should be preserved at the time of collection. When use of an automatic sampler makes it
  impossible to preserve each aliquot, then chemical samples may be preserved by maintaining at 4C until
  compositing and sample splitting is completed.
\3\ When any sample is to be shipped by common carrier or sent through the United States Mails, it must comply
  with the Department of Transportation Hazardous Materials Regulations (49 CFR Part 172). The person offering
  such material for transportation is responsible for ensuring such compliance. For the preservation
  requirements of Table II, the Office of Hazardous Materials, Transportation Bureau, Department of
  Transportation, has determined that the Hazardous Materials Regulations do not apply to the following
  materials: Hydrochloric Acid (HCl) in water solutions at concentrations of 0.04% by weight or less (pH about
  1.96 or greater); Nitric Acid (HNO3) in water solutions of 0.15% by weight or less (pH about 1.62 or greater);
  Sulfuric Acid (H2 SO4) in water solutions of 0.35% less (pH about 1.15 or greater); and Sodium Hydroxide
  (NaOH) in water solutions at concentrations of 0.080% by weight or less (pH about 12.30 or less).
\4\ Samples should be analyzed as soon as possible after collection. The times listed in the table are the
  maximum times that samples may be held before analyses and still be considered valid. Samples used for
  toxicity tests are to be used for test initiation or for renewal of test solutions within 36h of collection as
  grab samples, or within 36 hours of the collection of the last sample of the composite. Samples for bacteria
  or chemical analysis may be held for longer periods than specified in this table only if the permittee or
  monitoring laboratory has data on file to show that the specific types of samples under study, the analytes
  are stable for the longer time, and has received a variance from the Regional Administrator under Para.
  136.3(e). Some samples may not be stable for the maximum time period given in the table. A permittee or
  monitoring laboratory is obligated to hold the samples for a shorter time if knowledge exists to show that
  this is necessary to maintain sample stability. See Para. 136.3(e) for details. The term ``analyze
  immediately'' usually means within 15 minutes or less of sample collection.
            *                *                *                *                *                *
   *
\16\ Sufficient ice should be placed with the samples in the shipping container to ensure that ice is still
  present when the samples arrive at the laboratory. However, even if ice is present when the samples arrive, it
  is necessary to immediately measure the temperature of the samples and confirm that the 4C temperature maximum
  has not been exceeded. In the isolated cases where it can be documented that this holding temperature can not
  be met, the permittee can be given the option of on-site testing or can request a variance. The request for a
  variance should include supportive data which show that the toxicity of the effluent samples is not reduced
  because of the increased holding temperature.

[FR Doc. 99-2197 Filed 2-1-99; 8:45 am]
BILLING CODE 6560-50-P