[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Rules and Regulations]
[Pages 31008-31013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[OW-2003-0067; FRL-7668-9]
RIN 2040-AE62


National Primary Drinking Water Regulations: Analytical Method 
for Uranium

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency is taking direct final 
action to approve the use of three additional analytical methods for 
compliance determinations of uranium in drinking water. These methods 
use an inductively coupled plasma mass spectrometry (ICP-MS) technology 
that has gained wide acceptance in the analytical community. EPA 
believes that ICP-MS analytical methods could be more cost-effective, 
less labor-intensive or more sensitive than some of the technologies 
previously approved in the December 2000 Radionuclides rule. (65 FR 
76708) This rule does not withdraw approval of any previously approved 
monitoring methods for uranium.
    EPA is publishing this rule without prior proposal because we view 
this as noncontroversial and anticipate no adverse comment. However, in 
the ``Proposed Rules'' section of today's Federal Register publication, 
we are publishing a separate document that will serve as the proposal 
to National Primary Drinking Water Regulations: Analytical Method for 
Uranium if adverse comments are filed.
    Through this action, EPA only requests comment on whether approval 
of the ICP-MS methods published by EPA, American Society of Testing and 
Materials International (ASTM), and the Standard Methods Committee (EPA 
200.8, ASTM D5673-03, and SM 3125), is appropriate for compliance 
determinations of uranium in drinking water. Readers should please note 
that EPA is not requesting comment on any other use of these three ICP-
MS methods, use of any other ICP-MS method, or any issue associated 
with the uranium standard or its implementation, and EPA will not 
respond to any comments other than those concerning the approval of 
these specific methods (as cited) for compliance determinations of 
uranium in drinking water.

DATES: This rule is effective on August 31, 2004, without further 
notice, unless EPA receives adverse comment by July 2, 2004. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect. The incorporation by reference of certain publications listed 
in this rule is approved by the Director of the Federal Register as of 
August 31, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No. OW-2003-
0067, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Mail: OW Docket, Environmental Protection Agency, 
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Please include a total of 4 copies.
     Hand Delivery: OW Docket, EPA Docket Center, EPA/DC, EPA 
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. OW-2003-0067. 
EPA's

[[Page 31009]]

policy is that all comments received will be included in the public 
docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102). Please see the companion proposed rule published in 
the ``Proposed Rule'' section of today's Federal Register, entitled 
``National Primary Drinking Water Regulations: Analytical Method for 
Uranium'' (see ADDRESSES section for instructions on submitting 
comments to the Water Docket).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the OW Docket, EPA Docket Center, EPA/DC, EPA West, Room B102, 
1301 Constitution Avenue, NW, Washington, DC. This Docket Facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The Docket telephone number is (202) 566-2426. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: General Information--Lisa Christ, 
Office of Ground Water and Drinking Water, Mailcode: 4606M, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-8354; e-mail address: 
[email protected], Technical information--David Huber, Office of 
Ground Water and Drinking Water, Mailcode: 4606M, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 564-4878; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does This Action Apply to Me?

    Entities potentially regulated by this regulation are public water 
systems that are classified as community water systems (CWSs). A 
community water system (CWS) means a public water system which serves 
at least 15 service connections used by year-round residents or 
regularly serves at least 25 year-round residents. Categories and 
entities potentially regulated by this action include the following:

------------------------------------------------------------------------
                                 Examples of potentially
            Category                regulated entities       NAICS \1\
------------------------------------------------------------------------
Industry.......................  Privately-owned                  221310
                                  community water
                                  systems.
State, Tribal, Local, and        Publicly-owned                  924110
 Federal Government.              community water
                                  systems.
------------------------------------------------------------------------
\1\ National American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility is regulated by this action, you should carefully examine 
the applicability criteria in Sec.  141.66 of title 40 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.

II. What Is EPA's Statutory Authority and Background for This Final 
Rule?

    The Safe Drinking Water Act (SDWA), as amended in 1996, requires 
EPA to promulgate national primary drinking water regulations (NPDWRs) 
which specify maximum contaminant levels (MCLs) or treatment techniques 
for drinking water contaminants (SDWA section 1412 (42 U.S.C. 300g-1)). 
NPDWRs apply to public water systems pursuant to SDWA section 1401 (42 
U.S.C. 300f(1)(A)). According to SDWA section 1401(1)(D), NPDWRs 
include ``criteria and procedures to assure a supply of drinking water 
which dependably complies with such maximum contaminant levels; 
including accepted methods for quality control and testing 
procedures.'' In addition, SDWA section 1445(a) authorizes the 
Administrator to establish regulations for monitoring to assist in 
determining whether persons are acting in compliance with the 
requirements of the SDWA. EPA's promulgation of analytical methods is 
authorized under these sections of the SDWA, as well as the general 
rulemaking authority in SDWA section 1450(a), (42 U.S.C. 300j-9(a)). As 
discussed earlier in section I.A of this preamble, the action proposed 
herein would affect CWSs. CWSs are a subset of public water systems. 
(40 CFR 141.2)
    On December 7, 2000 (65 FR 76708), EPA published a final 
radionuclides rule in the Federal Register that included monitoring 
requirements and a MCL of 30 micrograms per liter (30 [mu]g/L) for 
uranium that took effect in December 2003. In the preamble to the 
December 2000 rule, EPA noted that several commenters asked EPA to 
consider the approval of compliance monitoring methods that use an 
inductively coupled plasma mass spectrometry (ICP-MS) technology. (65 
FR 76724) These commenters suggested that ICP-MS analytical methods 
could be more cost-effective, less labor-intensive or more sensitive 
than some of the technologies approved in the December 2000 rule. In 
response to these comments, EPA stated that the Agency was reviewing 
ICP-MS

[[Page 31010]]

technology for possible proposal in a future rulemaking. EPA has 
completed this review and in today's direct final rule is approving 
three methods that use ICP-MS technology. The methods are equivalent 
and published by EPA, American Society for Testing and Materials 
International (ASTM), and the Standard Methods (SM) Committee. The 
methods are EPA 200.8, ASTM D5673-03, and SM 3125.

III. What Is EPA Doing Today?

    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse comment. 
These methods have been thoroughly vetted by industry and the drinking 
water community. The methods will decrease the implementation burden of 
the December 2000 Radionculides Rule that promulgated a drinking water 
standard for uranium. However, in the ``Proposed Rules'' section of 
today's Federal Register publication, we are publishing a separate 
document that will serve as the proposal to ``National Primary Drinking 
Water Regulations: Analytical Method for Uranium'' if adverse comments 
are filed. This rule will be effective on August 31, 2004, without 
further notice unless we receive adverse comment by July 2, 2004. If 
EPA receives adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the companion proposed rule published separately in today's 
Federal Register.

IV. Summary of ICP-MS Technology

    EPA reviewed ICP-MS methods published by EPA, ASTM International, 
and the Standard Methods Committee. In each of these methods, sample 
material in solution is introduced by pneumatic nebulization into a 
radiofrequency plasma where energy transfer processes cause 
desolvation, atomization and ionization. The ions are extracted from 
the plasma through a differentially pumped vacuum interface and 
separated on the basis of their mass-to-charge ratio by a quadrupole 
mass spectrometer having a minimum resolution capability of one atomic 
mass unit peak width at five percent peak height. The ions transmitted 
through the quadrupole are detected by an electron multiplier or 
Faraday detector and the ion information processed by a data handling 
system. The sensitivity of each ICP-MS method for compliance 
determinations of uranium in drinking water is acceptable and is 
sensitive enough to detect at less than one part per billion (1 ug/L). 
The uranium MCL is 30 ug/L.
    EPA reviewed each of these methods for performance and 
applicability to compliance determinations of uranium in drinking 
water. Three of these methods, EPA 200.8, ASTM D5673-03 and SM 3125, 
have acceptable performance and are otherwise suitable for compliance 
determinations of uranium in drinking water. Method EPA 200.8 was 
published by EPA in 1994; method ASTM D5673-03 was published by ASTM 
International in 2003; and SM 3125 was published by the Standard 
Methods Committee in 1998. In today's action, EPA is approving the use 
of these ICP-MS methods for compliance determinations of uranium in 
drinking water. EPA is taking this action in response to stakeholder 
requests.
    EPA is not, in today's action, approving the use of these methods 
for any other purposes. EPA notes that EPA 200.8 was approved for 
compliance determinations of several regulated metals in drinking water 
on December 5, 1994. (59 FR 62456) EPA also recognizes that the other 
two ICP-MS methods approved through today's action for determination of 
uranium may also be applicable to monitoring for other drinking water 
contaminants. Although the analytical scope of ASTM D5673-03 and SM 
3125 extends beyond uranium, these two methods were not published until 
2003 and 1998, respectively. In a later rulemaking, EPA may consider 
extending the use of ASTM D5673-03 and SM 3125 to compliance 
determinations of regulated metals.
    Like flourometric and laser phosphorimetry methods, ICP-MS measures 
uranium mass only; therefore all caveats discussed in the December 2000 
Radionuclides Rule on using mass methods to determine contributions to 
gross alpha also apply (65 FR 76724).
    Today's direct final rule does not effect approval of the 15 
methods currently specified at 40 CFR 141.25(a) for compliance 
determinations of uranium.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This action does not impose any new requirements, it only approves 
three additional voluntary analytical methods for compliance 
determinations of uranium in drinking water.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the

[[Page 31011]]

Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small organizations, and small government jurisdictions.
    The RFA provides default definitions for each type of small entity. 
It also authorizes an agency to use alternative definitions for each 
category of small entity, ``which are appropriate to the activities of 
the agency'' after proposing the alternative definition(s) in the 
Federal Register and taking comment. 5 U.S.C. 601(3)-(5). In addition 
to the above, to establish an alternative small business definition, 
agencies must consult with the Small Business Administration's (SBA's) 
Chief Counsel for Advocacy.
    For purposes of assessing the impacts of today's rule on small 
entities, EPA considered small entities to be public water systems 
serving 10,000 or fewer persons. This is the cut-off level specified by 
Congress in the 1996 Amendments to the Safe Drinking Water Act for 
small system flexibility provisions. In accordance with the RFA 
requirements, EPA proposed using this alternative definition in the 
Federal Register (63 FR 7620, February 13, 1998), requested public 
comment, consulted with the Small Business Administration (SBA), and 
finalized the alternative definition for all future drinking water 
regulations in the Consumer Confidence Reports regulation (63 FR 44511, 
August 19, 1998). As stated in that Final Rule, the alternative 
definition would be applied to this regulation as well.
    This direct final rule imposes no cost on any entities over and 
above those imposed by the final Radionuclides Rule. (65 FR 76708) This 
action merely allows three additional analytical methods for compliance 
determinations of uranium in drinking water. The adoption of these 
methods are voluntary because drinking water systems can continue to 
use the existing approved methods.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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 the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and Tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including Tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provision of Title II of the UMRA) for State, local, or Tribal 
governments or the private sector. The rule imposes no enforceable duty 
on any State, local, or Tribal governments or the private sector. It 
merely provides drinking water utilities with three additional 
voluntary analytical methods to use to meet existing monitoring 
requirements. Thus, today's rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.
    EPA has determined that this final rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. The adoption and use of these methods is voluntary because 
drinking water systems can continue to use the existing approved 
methods. Thus, today's rule is not subject to the requirements of 
section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have Federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. There is no cost to State and 
local governments, and the final rule does not preempt State law. This 
direct final rule imposes no cost on any State, or local governments. 
This final rule merely provides for the voluntary use of three 
additional analytical methods for compliance determinations of uranium 
in drinking water. Thus, Executive Order 13132 does not apply to this 
final rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, (November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal Government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This final rule does not have Tribal implications. It will not have 
substantial direct effects on Tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
There is no cost to Tribal governments,

[[Page 31012]]

and the final rule does not preempt Tribal law. This final rule imposes 
no additional cost on any Tribal government. This final rule merely 
provides for the voluntary use of three additional analytical methods 
for compliance determinations of uranium in drinking water. Thus, 
Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885 April 23, 1997) applies to 
any rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 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 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks. This final rule 
merely provides for the voluntary use of three additional analytical 
methods for compliance determinations of uranium in drinking water.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This rulemaking involves technical standards. In addition to 
approving EPA 200.8, EPA has decided to use two voluntary consensus 
methods (ASTM International D5673-03, and the Standard Methods (SM) 
Committee 3125) for compliance determinations of uranium in drinking 
water. Approval of these methods is in accordance with the goals of the 
NTTAA. EPA believes that ICP-MS analytical methods could be more cost-
effective, less labor-intensive or more sensitive than some of the 
technologies previously approved in the December 2000 Radionuclides 
Rule. (65 FR 76708) This rule does not withdraw approval of any 
previously approved monitoring methods for uranium. Copies of both 
voluntary consensus methods are available for viewing at the docket 
facility identified in section I.B.1.

J. Congressional Review Act

    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 the Congress and to the Comptroller General of the 
United States. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective August 31, 2004.

List of Subjects for 40 CFR Part 141

    Environmental protection, Chemicals, Incorporation by reference, 
Indians-lands, Intergovernmental relations, Radiation protection, 
Reporting and recordkeeping requirements, Water supply.

    Dated: May 24, 2004.
Michael O. Leavitt,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter 1 of the 
Code of Federal Regulations is amended as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
1. The authority citation for part 141 continues to read as follows:

    Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.


0
2. Section 141.25 is amended as follows:
0
a. Revising the entry for uranium in the table at paragraph (a),
0
b. Revising footnote 1 in the table at paragraph (a),
0
c. Revising footnote 2 in the table at paragraph (a),
0
d. Revising footnote 3 in the table at paragraph (a),
0
e. Revising footnote 5 in the table at paragraph (a),
0
f. Revising footnote 6 in the table at paragraph (a),
0
g. Revising footnote 8 in the table at paragraph (a),
0
h. Revising footnote 12 in the table at paragraph (a), and
0
i. Adding footnote 13 in the table at paragraph (a). The revisions and 
addition read as follows:


Sec.  141.25  Analytical methods for radioactivity.

    (a) * * *

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Reference (method or page number)
            Contaminant                    Methodology      ------------------------------------------------------------------------------------------------------------------------------------
                                                              EPA \1\   EPA \2\   EPA \3\   EPA \4\               SM \5\                     ASTM \6\              USGS \7\            DOE \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
Uranium \12\.......................  Radiochemical.........     908.0  ........  ........  ........  7500-U B                          ...................  ......................  ............
                                     Fluorometric..........     908.1  ........  ........  ........  7500-U C (17th Ed.)               D 2907-97            R-1180-76, R-1181-76    U-04
                                     ICP-MS................      \13\  ........  ........  ........  3125                              D5673-03             ......................  ............
                                                                200.8

[[Page 31013]]

 
                                     Alpha spectrometry....  ........  ........     00-07      p-33  7500-U C (18th, 19th or 20th      D3972-97             R-1182-76               U-02
                                                                                                      Ed.)
                                     Laser Phosphorimetry..  ........  ........  ........  ........  ................................  D5174-97             ......................  ............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
The procedures shall be done in accordance with the documents listed below. The incorporation by reference of documents 1 through 10 and 13 was approved by the Director of the Federal Register
  in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be obtained from the sources listed below. Information regarding obtaining these documents can be obtained
  from the Safe Drinking Water Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, EPA West, 1301 Constitution Avenue, NW, Room B135, Washington, DC (Telephone:
  202-566-2426); or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
\1\ ``Prescribed Procedures for the Measurement of Radioactivity in Drinking Water'', EPA 600/4-80-032, August 1980. Available at the U.S. Department of Commerce, National Technical
  Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161 (Telephone 800-553-6847), PB 80-224744, except Method 200.8, ``Determination of Trace Elements in Waters and Wastes by
  Inductively Coupled Plasma-Mass Spectrometry,'' Revision 5.4, which is published in ``Methods for the Determination of Metals in Environmental Samples--Supplement I,'' EPA 600-R-94-111, May
  1994. Available at NTIS, PB95-125472.
\2\ ``Interim Radiochemical Methodology for Drinking Water'', EPA 600/4-75-008(revised), March 1976. Available at NTIS, ibid. PB 253258.
\3\ ``Radiochemistry Procedures Manual'', EPA 520/5-84-006, December, 1987. Available at NTIS, ibid. PB 84-215581.
\4\ ``Radiochemical Analytical Procedures for Analysis of Environmental Samples'', March 1979. Available at NTIS, ibid. EMSL LV 053917.
\5\ ``Standard Methods for the Examination of Water and Wastewater'', 13th, 17th, 18th, 19th Editions, or 20th edition, 1971, 1989, 1992, 1995, 1998. Available at American Public Health
  Association, 1015 Fifteenth Street NW., Washington, DC 20005. Methods 302, 303, 304, 305 and 306 are only in the 13th edition. Methods 7110B, 7500-Ra B, 7500-Ra C, 7500-Ra D, 7500-U B, 7500-
  Cs B, 7500-I B, 7500-I C, 7500-I D, 7500-Sr B, 7500-3H B are in the 17th, 18th, 19th and 20th editions. Method 7110 C is in the 18th, 19th and 20th editions. Method 7500-U C Fluorometric
  Uranium is only in the 17th Edition, and 7500-U C Alpha spectrometry is only in the 18th, 19th and 20th editions. Method 7120 is only in the 19th and 20th editions. Methods 302, 303, 304,
  305 and 306 are only in the 13th edition. Method 3125 is only in the 20th edition.
\6\ Annual Book of ASTM Standards, Vol. 11.01 and 11.02, 1999; ASTM International any year containing the cited version of the method may be used. Copies of these two volumes and the 2003
  version of D 5673-03 may be obtained from ASTM International. 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959.
\7\ ``Methods for Determination of Radioactive Substances in Water and Fluvial Sediments'', Chapter A5 in Book 5 of Techniques of Water-Resources Investigations of the United States Geological
  Survey, 1977. Available at U.S. Geological Survey (USGS) Information Services, Box 25286, Federal Center, Denver, CO 80225-0425.
\8\ ``EML Procedures Manual'', 28th (1997) or 27th (1990) Editions, Volumes 1 and 2; either edition may be used. In the 27th Edition Method Ra-04 is listed as Ra-05 and Method Ga-01-R is
  listed as Sect. 4.5.2.3. Available at the Environmental Measurements Laboratory, U.S. Department of Energy (DOE), 376 Hudson Street, New York, NY 10014-3621.
* * * * * * *
\12\ If uranium (U) is determined by mass, a 0.67 pCi/[mu]g of uranium conversion factor must be used. This conversion factor is based on the 1:1 activity ratio of U-234 and U-238 that is
  characteristic of naturally occurring uranium.
\13\ ``Determination of Trace Elements in Waters and Wastes by Inductively Coupled Plasma-Mass Spectrometry,'' Revision 5.4, which is published in ``Methods for the Determination of Metals in
  Environmental Samples--Supplement I,'' EPA 600-R-94-111, May 1994. Available at NTIS, PB 95-125472.
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[FR Doc. 04-12299 Filed 6-1-04; 8:45 am]
BILLING CODE 6560-50-P