[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Proposed Rules]
[Pages 7909-7912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2988]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 136 and 141

[Docket Number OW-2003-0070; FRL-7873-3]
[RIN 2040-AD71]


Guidelines Establishing Test Procedures for the Analysis of 
Pollutants Under the Clean Water Act; National Primary Drinking Water 
Regulations; Notice of Data Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: On April 6, 2004, EPA proposed to approve a number of new 
analytical methods for measuring pollutants in wastewater and drinking 
water, and proposed to withdraw approval of Syngenta Method AG-625 for 
determination of atrazine by immunoassay. Today's action announces the 
availability of new data regarding these changes, and updates to three 
proposed methods. EPA is soliciting comment only on the data and 
methods updates cited in today's notice.

DATES: Comments must be postmarked, delivered by hand, or 
electronically mailed on or before March 18, 2005. Comments provided 
electronically will be considered timely if they are submitted 
electronically by 11:59 p.m. Eastern Standard Time on March 18, 2005.

ADDRESSES: Comments may be submitted by mail to Water Docket, U.S. 
Environmental Protection Agency (4101T), 1200 Pennsylvania Avenue, NW., 
Washington DC 20460, or electronically through EPA Dockets at http://www.epa.gov/edocket/, Attention Docket ID No. OW-2003-0070. See 
Subsection C of the SUPPLEMENTARY INFORMATION section for additional 
ways to submit comments and more detailed instructions.

FOR FURTHER INFORMATION CONTACT: For information regarding the proposed 
changes to wastewater methods, contact Marion Kelly, Engineering and 
Analysis Division (4303T), USEPA Office of Science and Technology, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, (202) 566-1045 (e-mail: 
[email protected]). For information regarding the proposed changes 
to

[[Page 7910]]

drinking water methods, contact Herbert J. Brass, Technical Support 
Center (MC 140), USEPA, Office of Ground Water and Drinking Water, 26 
West Martin Luther King Drive, Cincinnati, OH 45268, (513) 569-7936 (e-
mail: [email protected]).

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OW-2003-0070. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Water Docket in the EPA Docket Center, EPA West Building, Room 
B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket 
Center 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, and the telephone number for the 
Water Docket is (202) 566-2426. For access to docket materials, please 
call ahead to schedule an appointment. Every user is entitled to copy 
93 pages per day before incurring a charge. The Docket may charge 15 
cents per page for each page over the page limit plus an administrative 
fee of $14.00.
    2. Electronic Access. You may access this Federal Register document 
electronically through the Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/. An electronic version of the 
public docket is available through EPA's electronic public docket and 
comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public comments, access the 
index listing of the contents of the official public docket, or to 
access those documents in the public docket that are available 
electronically. Once in the system, select ``search,'' then key in the 
appropriate docket identification number.
    Certain types of information will not be placed in EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the docket 
facility identified in section B.1.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information for which 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. 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.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in Docket ID No. 
OW-2003-0070. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to: 
[email protected], Attention Docket ID No. OW-2003-0070. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section B.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send an original and three copies of your comments to 
Water Docket, U.S. Environmental Protection Agency (4101T), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket ID No. 
OW-2003-0070.
    3. By Hand Delivery or Courier. Deliver your comments to the Water 
Docket in the EPA Water Center, EPA West Building, Room B102, 1301

[[Page 7911]]

Constitution Avenue, NW., Washington, DC, Attention Docket ID No. OW-
2003-0070. Such deliveries are only accepted during the Docket's normal 
hours of operation as identified in section A.1.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark on the 
outside of the disk or CD ROM clearly that it does not contain CBI. 
Information not marked as CBI will be included in the public docket and 
EPA's electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you made.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period 
deadline.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

II. Summary of New Information

    On April 6, 2004, EPA proposed the approval of new methods for 
National Pollutant Discharge Elimination System (NPDES) monitoring, and 
National Primary Drinking Water Regulations (NPDWR) compliance 
monitoring, at 40 CFR parts 136 and 141, respectively (69 FR 18166). In 
this same proposal, EPA proposed to withdraw approval of Syngenta 
Method AG-625 for determination of atrazine by immunoassay in drinking 
water at 40 CFR part 141. Today, EPA is providing notice of additional 
information and data regarding the proposal. EPA is also announcing 
recent additions to the Docket regarding EPA evaluations of atrazine 
immunoassay kits. Lastly, today's notice includes revised versions of 
three methods that were proposed for approval. These versions are 
similar to the proposed versions, but contain some changes to quality 
control and procedural requirements.
    EPA is soliciting comment only on the additional information and 
data cited in this notice and the updated revisions of the proposed 
methods described below. EPA is not requesting comment on other methods 
or on other aspects of the April 6, 2004, proposal.

A. Available Data

    EPA received additional analytical and cost data, references to 
journal articles, and study reports regarding a number of the proposed 
changes to analytical methods. EPA has placed this data and information 
and other relevant information in the docket for this rule. Today's 
notice solicits comment on these data and information.
1. NPDES Data
    EPA received data and information on cyanide methods in comments 
OW-2003-0070-234, 237, 272, 314, 315, and 319. After the close of the 
comment period, EPA received additional data regarding the use of the 
proposed MICRO DIST cyanide method in recovering particulate cyanide. 
EPA has added these data to the docket as document numbers OW-2003-
0070-0351, 0352, 0353, and will consider them together with the data 
received during the comment period.
    EPA also received data and information regarding total Kjeldahl 
nitrogen (TKN) analyses (OW-2003-0070-272, 327); mercury methods (OW-
2003-0070-246, 284, and 320); total suspended solids methods (OW-2003-
0070-226); Microtox (OW-2003-0070-260, 263, 265, 280, 292, 294, 297, 
307, 311, 329); EPA Method 624 (OW-2003-0070-274); Waters Method D6508, 
Rev. 2 (OW-2003-0070-300); updated versions of currently-approved EPA 
Methods (OW-2003-0070-272, 288); and metals sampling methods (OW-2003-
0070-295).
2. NPDWR Data
    Some of the data and information listed above regarding cyanide 
methods (OW-2003-0070-234, 237, 272) and Waters Method D6508, Rev. 2 
(OW-2003-0070-300) are also applicable to proposed NPDWR methods. EPA 
also received data and information in comments regarding the withdrawal 
of Syngenta Method AG-625 (OW-2003-0070-291, 317). After the close of 
the comment period, EPA also received a pre-publication version of an 
American Water Works Association (AWWA) journal article that evaluated 
the performance of Syngenta AG-625 (OW-2003-0070-0355), correspondence 
from AWWA and Syngenta (OW-2003-0070-0354, 357); data generated by Dr. 
Craig Adams (under a project sponsored by AWWA) using atrazine test 
kits, (OW-2003-0070-0347); and a final report from Syngenta regarding 
Method AG-625 that contains data generated by using a modified atrazine 
test kit, for the method, distributed by Beacon Analytical (OW-2003-
0070-356). An interim version of this final report was submitted during 
the comment period for the April 2004 proposed rule.
    In addition, EPA added a series of reports and summaries regarding 
the evaluation of atrazine immunoassay test kits by EPA's Environmental 
Technology Verification (ETV) Program. Kits that EPA evaluated include 
the Abraxis, LLC Atrazine ELISA Kit (OW-2003-0070-0339,0343); Beacon 
Analytical Systems, Inc. Atrazine Tube Kit (OW-2003-0070-0340, 0344); 
Silver Lake Research, Corp. Watersafe[reg] Pesticide Kit (OW-2003-0070-
0342, 0346); and, Strategic Diagnostics RaPID Assay[reg] Kit (OW-2003-
0070-0341, 0345).
    EPA will evaluate the above information relative to the Agency's 
proposed withdrawal of Syngenta Method AG-625 and will assess the 
effectiveness of the modified test kit (i.e., the effectiveness of that 
kit in eliminating the method interference that prompted the proposed 
withdrawal of Method AG-625). Based upon that evaluation, and based on 
its review of comments pursuant to this notice, EPA may approve the use 
of the alternative kit via the final rule. EPA invites comments on the 
extent to which the new information supports the withdrawal of Method 
AG-625 or the

[[Page 7912]]

approval of a modified method using the alternative kit.

B. Revised Methods

    In the April 6, 2004, proposal, EPA proposed changes to approved 
analytical methods for use in Clean Water Act and Safe Drinking Water 
Act programs. The proposed changes included methods that employ new 
technologies and updated versions of previously approved methods. Among 
these changes, EPA proposed to approve a number of ASTM International 
methods, including ASTM Method D6888-03 for determining available 
cyanide in wastewater and drinking water, ASTM Method D5673-02 for 
determining various metals in wastewater, and ASTM Method D4658-92 for 
determining sulfide in wastewater. Since publication of the proposal, 
EPA has received revised versions of these three methods and has added 
them to the docket for public comment: (1) D6888-04 Standard Test 
Method for Available Cyanide with Ligand Displacement and Flow 
Injection Analysis (FIA) Utilizing Gas Diffusion Separation and 
Amperometric Detection (an update of proposed version: D6888-03); (2) 
D5673-03 Standard Test Method for Elements in Water by Inductively 
Coupled Plasma--Mass Spectrometry (an update of proposed version: 
D5673-02); and (3) D4658-03 Standard Test Method for Sulfide Ion in 
Water (and update of proposed version: D4658-92(1996)). Method D6888-04 
contains a new on-line sulfide removal procedure, and Methods D5673-03 
and D4658-03 have added standardized quality control requirements and 
criteria. The methods added to the Docket represent refinements to the 
proposed versions, and are not significant variations of those 
versions. EPA may promulgate some or all of these revised versions in a 
final rule, and requests comment on each. These methods are included in 
the docket at OW-2003-0070-0348, 0349, 0350), respectively, and may be 
ordered from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, 
West Conshohocken, PA 19428-2959, United States, or at http://www.astm.org.
    In the April 6, 2004 proposal, EPA proposed a method for the 
measurement of Radium-226 and Radium-228 by Gamma Spectroscopy in 
drinking water. This method has been modified in several ways and EPA 
seeks comment on these modifications. The changes to the method include 
the following: correction of minor typographical errors, minor 
editorial changes such as the addition of chemical abstract numbers for 
Radium-226 and Radium-228; the addition of a description of the dangers 
regarding the use of diethyl ether; minor changes to the equations for 
activity, detection limit, and uncertainty made as a result of public 
comment; minor changes to the QC section of the method; the addition of 
a description of ``mixed wastes'' (i.e., waste that contains both 
hazardous waste and radioactive waste); and the addition of a reference 
to ASTM added to describe Type 2 Reagent Water.
    In the April 6, 2004 proposal, EPA concluded that the proposed rule 
would not have a significant economic impact on a substantial number of 
small entities (69 FR 18188). Adoption of the refinement to the three 
methods for which EPA is requesting comment today would not change the 
Agency's decision to certify the proposal under the Regulatory 
Flexibility Act. In addition, as explained above, Methods D6888-04, 
D5673-03 and D4658-03, like the earlier proposed versions of these 
methods, represent methods from voluntary consensus standards bodies. 
Section 12(d) of the National TechnoAdvancement Act 
of 1995 directs EPA to use voluntary standards in its regulatory 
activities as discussed in more detail in the proposal at 69 FR 18189-
18190.

    Dated: February 9, 2005.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
[FR Doc. 05-2988 Filed 2-15-05; 8:45 am]
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