[Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
[Proposed Rules]
[Pages 10596-10597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5493]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 136

[FRL-6307-3]


Guidelines Establishing Test Procedures for the Analysis of 
Pollutants; Measurement of Mercury in Water; Notice of Data 
Availability and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability and request for comment.

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SUMMARY: On May 26, 1998 (63 FR 28867), EPA proposed to amend the 
Guidelines Establishing Test Procedures for the Analysis of Pollutants 
under section 304(h) of the Clean Water Act by adding EPA Method 1631: 
Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic 
Fluorescence. EPA Method 1631 measures mercury reliably at the low 
levels associated with ambient water quality criteria for mercury. The 
comment period on the proposal closed on July 29, 1998. EPA obtained 
additional effluent and environmental data after the close of the 
comment period and intends to consider these data in its final 
rulemaking concerning the use of EPA Method 1631. Therefore, EPA is 
making these additional data available for public review and comment.

DATES: Written comments on this notice must be submitted on or before 
April 5, 1999.

ADDRESSES: Written or electronic comments on this notice may be 
submitted. Written comments on this notice may be sent to ``EPA Method 
1631-Notice of Data Availability,'' Comment Clerk, Water Docket MC-
4101, Environmental Protection Agency, 401 M Street, S.W., Washington, 
D.C.

[[Page 10597]]

20460. Commenters are requested to submit any references cited in their 
comments. Commenters also are requested to submit an original and three 
copies of their written comments and enclosures. Commenters who want 
receipt of their comments acknowledged should include a self-addressed, 
stamped envelope. No facsimiles (faxes) will be accepted.
    Electronic comments should be addressed to the E-mail address: ow-
[email protected]. Electronic comments must be submitted as an 
ASCII file and avoid use of special characters and any form of 
encryption, or may be submitted in WordPerfect 5.1 or 6.1. Electronic 
comments must be identified as ``EPA Method 1631-Notice of Data 
Availability.'' Electronic comments on this notice may be filed online 
at many Federal Depository Libraries. Electronic comments will be 
transferred into a paper version for the official record. EPA will 
attempt to clarify electronic comments if there is an apparent error in 
transmission.
    A copy of the supporting documents and data received by the Agency 
during and pursuant to the comment period for the proposed rule are 
available for review at EPA's Water Docket, Room EB57, 401 M Street, 
S.W., Washington, D.C. 20460. For access to the Docket materials, call 
(202) 260-3027 between 9:00 a.m. and 3:30 p.m. Eastern Time for an 
appointment.
    The complete text of this Federal Register notice and EPA Method 
1631 may be viewed or downloaded on the Internet at http://www.epa.gov/
ost/rules.

FOR FURTHER INFORMATION CONTACT: Dr. Maria Gomez-Taylor,U.S. 
Environmental Protection Agency, Office of Science and Technology, 
Engineering and Analysis Division (4303), 401 M Street, S.W., 
Washington, D.C., 20460, or call (202) 260-1639.

SUPPLEMENTARY INFORMATION:
    On May 26, 1998 (63 FR 28867), EPA proposed to add EPA Method 1631: 
Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic 
Fluorescence to 40 CFR Part 136 for National Pollutant Discharge 
Elimination System (NPDES) data gathering and compliance monitoring 
under the Clean Water Act (CWA). Mercury is a toxic pollutant as 
defined in Section 307(a)(1) of the CWA and at 40 CFR 401.16 and is a 
priority pollutant as listed in 40 CFR Part 423, Appendix A. EPA Method 
1631 was proposed under the authority of Sections 301, 304(h), and 
501(a) of the CWA. The Agency developed EPA Method 1631 in order to 
measure mercury reliably at the low levels associated with ambient 
water quality criteria (WQC) for mercury included in the National 
Toxics Rule (40 CFR 131.36) and Water Quality Guidance for the Great 
Lakes System (60 FR 15366). A further description of the development 
and validation of EPA Method 1631 is provided in the proposed rule.
    Following the close of the comment period, the Agency obtained 
additional analytical data pertinent to EPA Method 1631. The additional 
data consist of results from laboratory studies and municipal and 
industrial effluent analyses conducted using EPA Method 1631. This 
notice makes available for public review and comment these analytical 
data. Generally, the data supplements existing data by demonstrating 
the applicability of EPA Method 1631 to a variety of municipal and 
industrial effluents. The Agency intends to consider these additional 
data in formulating the final rule for the use of EPA Method 1631.
    Today's notice solicits comments only on the new data which confirm 
or refute the Agency's findings about the acceptability of EPA Method 
1631 for the determination of mercury at the low levels associated with 
Water Quality Criteria. Specifically, the Agency seeks comment on the 
use of EPA Method 1631 to accurately measure mercury at low levels in a 
variety of water matrices based on the new data. The Agency does not 
intend to reopen the comment period on the entire proposed rule. 
Therefore, there is no need to submit comments on other aspects of the 
proposal.
    The Agency does not interpret the new data as warranting any 
modification of the proposed rule nor do they indicate a reason to 
change the Agency's rationale for proposing EPA Method 1631. The Agency 
believes that these data support the Agency's conclusion that EPA 
Method 1631 is applicable to a variety of water effluents including 
municipal and industrial effluents.

    Dated: March 1, 1999.
J. Charles Fox,
Assistant Administrator for Water.
[FR Doc. 99-5493 Filed 3-4-99; 8:45 am]
BILLING CODE 6560-50-P