Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; National Primary Drinking Water Regulations; and National Secondary Drinking Water Regulations; Analysis and Sampling Procedures, 11200-11249 [07-1073]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 47 (Monday, March 12, 2007)]
[Rules and Regulations]
[Pages 11200-11249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1073]



[[Page 11199]]

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Part III





Environmental Protection Agency





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40 CFR Part 122, 136, et al.



Guidelines Establishing Test Procedures for the Analysis of Pollutants 
Under the Clean Water Act; National Primary Drinking Water Regulations; 
and National Secondary Drinking Water Regulations; Analysis and 
Sampling Procedures; Final Rule

Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Rules 
and Regulations

[[Page 11200]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 122, 136, 141, 143, 430, 455, and 465

[EPA-HQ-OW-2003-0070; FRL-8203-8]
RIN 2040-AD71


Guidelines Establishing Test Procedures for the Analysis of 
Pollutants Under the Clean Water Act; National Primary Drinking Water 
Regulations; and National Secondary Drinking Water Regulations; 
Analysis and Sampling Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule modifies the testing procedures approved for 
analysis and sampling under the Clean Water Act and Safe Drinking Water 
Act. EPA proposed these changes for public comment on August 18, 2003 
and April 6, 2004. The Clean Water Act changes adopted in this final 
rule fall into the following categories: new vendor-developed methods 
as well as EPA and voluntary consensus standard bodies (VCSB) methods, 
updated versions of currently approved methods, revisions to method 
modification and analytical requirements, withdrawal of certain 
outdated methods, and changes to sample collection, preservation, and 
holding time requirements. This rule also changes regulations under the 
Safe Drinking Water Act that establish drinking water sampling and 
analysis procedures. The changes include approval of vendor-developed 
methods, new EPA and VCSB methods, updated VCSB methods, and approval 
of a modification to the test kit used with Syngenta Method AG-625 that 
restricts its use in certain circumstances. The addition of new and 
updated methods to the wastewater and drinking water regulations 
provides increased flexibility to the regulated community and 
laboratories in the selection of analytical methods.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-OW-2003-0070. All documents in the docket are listed on the 
https://www.regulations.gov web site. Although listed in the index, some 
information is not publicly available, e.g., 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 through https://
www.regulations.gov or in hard copy at the HQ Water Docket Center, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. 
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, and the telephone number is 
(202) 566-2426 for the HQ Water Docket Center.

DATES: This regulation is effective April 11, 2007. The incorporation 
by reference of these methods is approved by the Director of the 
Federal Register on April 11, 2007. For judicial review purposes, this 
final rule is promulgated as of 1:00 p.m. (Eastern time) on March 26, 
2007 as provided at 40 CFR 23.2 and 23.7.

FOR FURTHER INFORMATION CONTACT: For information regarding the changes 
to wastewater regulations, contact Meghan Hessenauer, Engineering and 
Analysis Division (4303T), USEPA Office of Science and Technology, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, 202-566-1040 (e-mail: 
hessenauer.meghan@epa.gov). For information regarding the changes to 
drinking water regulations, contact Patricia Snyder Fair, Technical 
Support Center (MS 140), USEPA, Office of Ground Water and Drinking 
Water, 26 West Martin Luther King Drive, Cincinnati, OH 45268, 513-569-
7937 (e-mail: fair.pat@epa.gov).

SUPPLEMENTARY INFORMATION:

A. Potentially Regulated Entities

1. Clean Water Act

    EPA Regions, as well as States, Territories and Tribes authorized 
to implement the National Pollutant Discharge Elimination System 
(NPDES) program, issue permits with conditions designed to ensure 
compliance with the technology-based and water quality-based 
requirements of the Clean Water Act (CWA). These permits may include 
restrictions on the quantity of pollutants that may be discharged as 
well as pollutant measurement and reporting requirements. If EPA has 
approved test procedures for analysis of a specific pollutant, the 
NPDES permittee must use an approved test procedure (or an approved 
alternate test procedure) for the specific pollutant when measuring the 
required waste constituent. Similarly, if EPA has established sampling 
requirements, measurements taken under an NPDES permit must comply with 
these requirements. Therefore, entities with NPDES permits will 
potentially be regulated by the actions in this rulemaking. Categories 
and entities that may potentially be subject to the requirements of 
today's rule include:

------------------------------------------------------------------------
                                      Examples of potentially regulated
             Category                             entities
------------------------------------------------------------------------
State, Territorial, and Indian      States, Territories, and Tribes
 Tribal Governments.                 authorized to administer the NPDES
                                     permitting program; States,
                                     Territories, and Tribes providing
                                     certification under Clean Water Act
                                     section 401.
Industry..........................  Facilities that must conduct
                                     monitoring to comply with NPDES
                                     permits.
Municipalities....................  POTWs that must conduct monitoring
                                     to comply with NPDES permits.
------------------------------------------------------------------------

    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 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 language at 40 CFR 122.1, (NPDES purpose and scope), 40 
CFR 136.1 (NPDES permits and CWA), 40 CFR 403.1 (Pretreatment standards 
purpose and applicability). If you have questions regarding the 
applicability of this action to a particular entity, consult the 
appropriate person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

2. Safe Drinking Water Act

    Public water systems are the regulated entities required to measure 
contaminants in drinking water samples. In addition, EPA Regions, as 
well as States, and Tribal governments with authority to administer the 
regulatory program for public water systems under the Safe Drinking 
Water Act, may also measure contaminants in water samples. When EPA 
establishes a maximum contaminant level (MCL) for a given drinking 
water contaminant, the Agency also approves standardized test 
procedures for analysis of the contaminant. Public water systems 
required to test water samples must use

[[Page 11201]]

one of the approved test procedures. Categories and entities that may 
ultimately be subject to the requirements of today's rule include:

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                                    Examples of potentially
             Category                 regulated entities      NAICS \1\
------------------------------------------------------------------------
State, Local, & Tribal             States, local and tribal       924110
 Governments.                       governments that
                                    analyze water samples
                                    on behalf of public
                                    water systems required
                                    to conduct such
                                    analysis; States, local
                                    and tribal governments
                                    that themselves operate
                                    community and non-
                                    transient non-community
                                    water systems required
                                    to monitor.
Industry.........................  Private operators of           221310
                                    community and non-
                                    transient non-community
                                    water systems required
                                    to monitor.
Municipalities...................  Municipal operators of        924110
                                    community and non-
                                    transient non-community
                                    water systems required
                                    to monitor.
------------------------------------------------------------------------
\1\ North 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. The table lists 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 language at 40 CFR 141.2 (definition of public water 
system). If you have questions regarding the applicability of this 
action to a particular entity, consult the appropriate person listed in 
the preceding FOR FURTHER INFORMATION CONTACT section.

B. What Process Governs Judicial Review of This Rule?

    Under Section 509(b)(1) of the Clean Water Act (CWA), judicial 
review of today's CWA rule may be obtained by filing a petition for 
review in the United States Circuit Court of Appeals within 120 days 
from the date of promulgation of this rule. For judicial review 
purposes, this final rule is promulgated as of 1 p.m. (Eastern time) on 
March 26, 2007 as provided at 40 CFR 23.2. Under section 1448 (a) of 
the Safe Drinking Water Act (SDWA), judicial review of today's SDWA 
rule may be obtained by filing a petition for review only in the United 
States Court of Appeal for the District of Columbia Circuit within 45 
days from the date of promulgation of this rule. For SDWA judicial 
review purposes, this final rule is promulgated as of 1 p.m. (Eastern 
time) on March 26, 2007 as provide at 40 CFR 23.7. The requirements of 
this regulation may also not be challenged later in civil or criminal 
proceedings brought by EPA.

C. Abbreviations and Acronyms Used in the Preamble and Final Rule

AOAC: AOAC-International
ASTM: ASTM International
ATP: Alternate Test Procedure
CWA: Clean Water Act
EPA: Environmental Protection Agency
FLAA: Flame Atomic Absorption Spectroscopy
ICP-AES: Inductively Coupled Plasma-Atomic Emission Spectroscopy
ICP-MS: Inductively Coupled Plasma-Mass Spectroscopy
NPDES: National Pollutant Discharge Elimination System
NPDWR: National Primary Drinking Water Regulations
NSDWR: National Secondary Drinking Water Regulations
QC: Quality Control
SDWA: Safe Drinking Water Act
STGFAA: Stabilized Temperature Graphite Furnace Atomic Absorption 
Spectroscopy
USGS: United States Geological Survey
VCSB: Voluntary Consensus Standard Body

D. Table of Contents

I. Statutory Authority
    A. Clean Water Act
    B. Safe Drinking Water Act
II. Summary of Final Rule
    A. 40 CFR Part 122
    B. 40 CFR Part 136
    C. 40 CFR Parts 141 and 143
    D. 40 CFR Part 430
    E. 40 CFR Part 455
    F. 40 CFR Part 465
III. Changes Between the Proposed Rule and the Final Rule
    A. Silver Determinations
    B. ASTM Method D5673-02 ``Standard Test Method for Elements in 
Water by Inductively Coupled Plasma--Mass Spectrometry''
    C. Ammonia Determinations
    D. Available Cyanide Determinations
    E. Kelada-01 Method for Determination of Available Cyanide and 
Total Cyanide
    F. Mandatory Replacement of Mercuric Sulfate with Copper Sulfate 
in Methods for Determination of Total Kjeldahl Nitrogen
    G. Approval of Additional Standards for Turbidity Determinations
    H. Allowed Use of Capillary Columns in EPA Methods 601-613, 624, 
625, and 1624B
    I. Changes to Sampling Requirements at 40 CFR Parts 122, 136, 
and 403
    J. Approval Status of Total Elements Digestion
    K. EPA Method 245.7 for Determination of Mercury
    L. Clarification of Reporting Requirements
    M. Corrections to 40 CFR Part 136, Tables IA, IB, IC, ID, IE and 
Footnotes
    N. Revisions to 40 CFR Part 136, Table II
    O. Corrections to Tables 40 CFR 141.23, 141.24, 141.25, and 
141.74 and Footnotes
    P. Retention of Syngenta Method AG-625 for Determination of 
Atrazine
    Q. EPA Method 327.0 for Determination of Chlorine Dioxide
    R. Deferral of Action on Microtox[supreg] 1010
IV. Response to Comments
    A. Use of Syngenta Method AG-625 for Determination of Atrazine
    B. Results From Use of Revised Methods, ``The Determination of 
Radium-226 and Radium-228 in Drinking Water by Gamma-ray 
Spectrometry Using HPGE or Ge(Li) Detectors.'' (Revision 1.2, 
December 2004)
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Statutory Authority

A. Clean Water Act

    EPA is promulgating today's rule pursuant to the authority of 
sections 301(a), 304(h), and 501(a) of the Clean Water Act (``CWA'' or 
the ``Act''), 33 U.S.C. 1311(a), 1314(h), 1361(a). Section 301(a) of 
the Act prohibits the discharge of any pollutant into navigable waters 
unless the discharge complies with a National Pollutant Discharge 
Elimination System (NPDES) permit issued under section 402 of the Act. 
Section 304(h) of the Act requires the Administrator of the EPA to ``* 
* * promulgate guidelines establishing test procedures for the analysis 
of pollutants that shall include the factors which must be provided in 
any certification

[[Page 11202]]

pursuant to [section 401 of this Act] or permit application pursuant to 
[section 402 of this Act].'' Section 501(a) of the Act authorizes the 
Administrator to``* * * prescribe such regulations as are necessary to 
carry out this function under [the Act].'' EPA generally has codified 
its test procedure regulations (including analysis and sampling 
requirements) for CWA programs at 40 CFR Part 136, though some 
requirements are codified in other Parts (e.g., 40 CFR Chapter I, 
Subchapters N and O).

B. Safe Drinking Water Act

    The Safe Drinking Water Act (SDWA), as amended in 1996, requires 
EPA to promulgate national primary drinking water regulations (NPDWRs) 
that 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 sections 
1401(1)(A) (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 * * *'' (42 U.S.C. 300f(1)(D)). In addition, SDWA 
section 1445(a) authorizes the Administrator to establish regulations 
for monitoring to help determine whether persons are acting in 
compliance with the requirements of the SDWA (42 U.S.C. 300j-4). EPA's 
promulgation of analytical methods for NPDWRs 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)).
    The SDWA also authorizes EPA to promulgate national secondary 
drinking water regulations (NSDWRs) for contaminants in drinking water 
that primarily affect the aesthetic qualities relating to the public 
acceptance of drinking water (SDWA section 1412 (42 U.S.C. 300g-1)). 
These regulations are not Federally enforceable but are guidelines for 
the States (40 CFR 143.1). The NSDWRs also include analytical 
techniques for determining compliance with the regulations (40 CFR 
143.4). EPA's promulgation of analytical methods for NSDWRs is 
authorized under general rulemaking authority in SDWA section 1450(a) 
(42 U.S.C. 300j-9(a)).

II. Summary of Final Rule

    The following sections describe the changes EPA is making in 
today's final rule.

A. 40 CFR Part 122

    1. Some EPA Effluent Guideline regulations, as well as EPA's Sewage 
Sludge Use and Disposal Regulations, require the use of analytical 
methods specifically prescribed by the Guideline (see e.g. 40 CFR Part 
420.21(c)). This rule amends the National Pollutant Discharge 
Elimination System (NPDES) regulations at 40 CFR Part 122 to clarify 
when an NPDES permittee must use for its monitoring and reporting the 
analytical methods specifically required in Title 40 of the CFR, 
Chapter I, Subchapters N and O (effluent guidelines and sewage sludge, 
respectively) rather than the methods in 40 CFR Part 136. The 
regulatory language has been amended to explicitly require either use 
of methods at 40 CFR Part 136, or other methods that are specifically 
prescribed for the particular wastestream or for sewage sludge 
monitoring requirements.
    2. The rule also corrects inconsistencies in sampling requirements 
by referencing back to 40 CFR Part 136 to explicitly require use of 
procedures at 40 CFR Part 136.
    3. Sections 122.21(g)(7), 122.21(h)(4)(i), and 122.21(j)(4)(viii) 
require an NPDES permit applicant to report quantitative data for 
certain pollutants. The rule adds E. coli and Enterococci to the list 
of parameters at 40 CFR 122.21(g)(7) and 122.21(h)(4)(i), and adds E. 
coli to the list of parameters at 40 CFR 122.21(j)(4)(viii).

B. 40 CFR Part 136

    This rule approves new and revised methods for inclusion in 40 CFR 
Part 136. Many of those methods are from the voluntary consensus 
standards body (VCSB) that publishes Standard Methods for the 
Examination of Water and Wastewater. Those ``Standard Methods'' are now 
available in both hard copy and electronic formats. The publisher 
identifies Standard Methods in two ways, depending on the medium of 
publication. Hard copy methods are identified by the method number 
(e.g., SM 4500-Cl E) and the edition of the manual in which they appear 
(e.g., 18th, 19th, 20th Editions), while the electronic versions 
available on-line are identified by the same method number and the year 
the method was approved for release (e.g., 4500-Cl E-00).
    The following discussion briefly describes the changes to Part 136 
methods approved today.
    1. This rule amends the regulations at 40 CFR Part 136 to approve 
three new methods submitted as alternate test procedures for monitoring 
chemical pollutants. These methods are ``Test Method for Determination 
of Dissolved Inorganic Anions in Aqueous Matrices Using Capillary Ion 
Electrophoresis and Chromate Electrolyte'' (D6508, Rev. 2) by Waters 
Corporation, ``Digestion and Distillation of Total Cyanide in Drinking 
and Wastewaters using MICRO DIST and Determination of Cyanide by Flow 
Injection Analysis'' (QuikChem Method 10-204-00-1-X) by Lachat 
Instruments, and ``Kelada Automated Test Methods for Total Cyanide, 
Acid Dissociable Cyanide, and Thiocyanate'' (Kelada-01) by Dr. Nabih 
Kelada.
    2. The rule approves a broad purpose digestion procedure for total 
recoverable elements digestion. EPA is approving EPA Method 200.2 
(Revision 2.8, 1994) for use with Inductively Coupled Plasma-Atomic 
Emission Spectroscopy (ICP-AES), Inductively Coupled Plasma-Mass 
Spectroscopy (ICP-MS), Stabilized Temperature Graphite Furnace Atomic 
Absorption (STGFAA), and Flame Atomic Absorption Spectroscopy (FLAA) 
methods.
    3. The rule approves three new multi-element test procedures. The 
approved methods are EPA Method 200.8 (Revision 5.4, 1994), AOAC Method 
993.14 [16th Edition], and ASTM D5673-03 for determination of elements 
by ICP-MS.
    4. EPA is also approving a new multi-element test procedure, EPA 
Method 200.9 (Revision 2.2, 1994), for determination of elements by 
STGFAA.
    5. The rule approves four new methods for determination of 
hexavalent chromium by ion chromatography. The methods are EPA Method 
218.6, AOAC Method 993.23 [16th Edition], and ASTM D5257-97--SM 3500-Cr 
C [20th Edition] and SM 3500-Cr E [18th, 19th Editions].
    6. The rule approves five new methods for determination of anions 
by ion chromatography. The methods are EPA Method 300.0 (Revision 2.1, 
1993), EPA Method 300.1 (Revision 1.0, 1997), AOAC Method 993.30 [16th 
Edition], ASTM D4327, and SM 4110 B [18th, 19th, and 20th Editions].
    7. The rule approves the use of six automated cadmium reduction 
methods to determine nitrate and nitrite individually, as well as in 
combination. The methods are EPA Method 353.2 (Revision 2.0, 1993), 
ASTM D3867-99 (A) and (B), SM 4500-NO3-E and F 
[18th, 19th, 20th Editions] and 4500-NO3-E and F 
(2000), and USGS Method I-4545-85.
    8. The rule approves a new method for determination of chlorine by 
low level amperometry--SM 4500-Cl E [18th, 19th, 20th Editions] and SM 
4500-Cl E (2000).

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    9. The rule replaces EPA Method 180.1 (1978) for determination of 
turbidity with EPA Method 180.1 (Revision 2.0, 1993).
    10. The rule replaces EPA Method 200.7 (1990) for determination of 
elements by ICP-AES with EPA Method 200.7 (Revision 4.4, 1994).
    11. The rule replaces EPA Method 245.1 (1974) for determination of 
mercury with EPA Method 245.1 (Revision 3.0, 1994).
    12. The rule replaces EPA Method 335.3 (1978) for determination of 
total cyanide with EPA Method 335.4 (Revision 1.0, 1993) with a 
footnote to clarify the proper procedure for removing sulfide 
interferences.
    13. The rule replaces EPA Method 350.1 (1978) for determination of 
ammonia with EPA Method 350.1 (Revision 2.0, 1993).
    14. The rule replaces EPA Method 351.2 (1978) for determination of 
total Kjeldahl nitrogen (TKN) with EPA Method 351.2 (Revision 2.0 
1993).
    15. The rule replaces EPA Method 353.2 (1978) for determination of 
nitrate-nitrite with EPA Method 353.2 (Revision 2.0, 1993).
    16. The rule replaces EPA Method 365.1 (1978) for determination of 
phosphorus (all forms) with EPA Method 365.1 (Revision 2.0, 1993).
    17. The rule replaces EPA Method 375.2 (1978) for determination of 
sulfate with EPA Method 375.2 (Revision 2.0, 1993).
    18. The rule replaces EPA Method 410.4 (1978) for determination of 
chemical oxygen demand (COD) with EPA Method 410.4 (Revision 2.0, 
1993).
    19. The rule replaces EPA Method 420.2 (1974) for determination of 
total phenols with EPA Method 420.4 (Revision 1.0, 1993).
    20. The rule approves a new method for the determination of 
mercury, EPA Method 245.7 ``Mercury in Water by Cold Vapor Atomic 
Fluorescence Spectrometry'' [Revision 2.0, 2005] (EPA-821-R-05-001).
    21. The rule approves a new method for determination of available 
cyanide by ligand exchange followed by flow injection analysis, ASTM 
D6888-04.
    22. The rule approves a new method for determination of cations by 
ion chromatography, ASTM D6919-03.
    23. The rule approves a new method for determination of chloride by 
potentiometry, SM 4500-Cl-D [18th, 19th, 20th Editions] and 
SM 4500-Cl-D (2000).
    24. The rule approves a new method for determination of chloride by 
ion selective electrode, ASTM D512-89 (1999).
    25. The rule approves two new methods for determination of total 
cyanide by ion selective electrode, SM 4500-CN-F [18th, 
19th, 20th Editions] and SM 4500-CN-F (2000), and ASTM 
D2036-98 A.
    26. The rule approves two new methods for determination of sulfide 
by ion selective electrode, SM 4500-S2-G [18th, 
19th, 20th Editions] and ASTM D4658-03 (1996).
    27. The rule approves a new method for determination of nitrate by 
ion selective electrode, SM 4500-NO3-[18th, 19th, 
20th Editions] and SM 4500-NO3-(2000).
    28. The rule approves an errata sheet to correct typographical 
errors in the following methods manuals, ``Short-term Methods for 
Estimating the Chronic Toxicity of Effluents and Receiving Waters to 
Freshwater Organisms,'' Fourth Edition, U.S. Environmental Protection 
Agency, Office of Water, Washington DC, EPA/821/R-02/013 (the 
``freshwater chronic manual''), and ``Methods for Measuring the Acute 
Toxicity of Effluents and Receiving Waters to Freshwater and Marine 
Organisms,'' Fifth Edition, U.S. Environmental Protection Agency, 
Office of Water, Washington DC, EPA/821/R-02/012 (the ``freshwater 
acute manual'').
    29. The rule approves the use of newer versions of 74 methods 
published by ASTM International. The new versions are published in the 
1994, 1996, and 1999 Annual Book of ASTM Standards Vols. 11.01 and 
11.02, in the 2000 Annual Book of ASTM Standards, Vol. 11.02 and in 
individual standards published after 2000.
    30. The rule approves the use of newer versions of 88 methods 
published by the Standard Methods Committee and adopts a new numbering 
system to track the approved versions of Standard Methods. The new 
versions are published in Standard Methods Online (APHA 2003).
    31. The rule approves the use of newer versions of 19 methods 
published by AOAC-International. The new versions of these methods are 
published in Official Methods of Analysis of AOAC-International, 16th 
Edition, 1995.
    32. The rule approves the replacement of the mercuric sulfate 
catalyst with copper sulfate in methods approved for the determination 
of total Kjeldahl nitrogen (TKN).
    33. The rule approves the use of styrene divinyl benzene beads and 
stabilized formazin as alternatives to the presently approved formazin 
standard for determination of turbidity.
    34. As described in the preamble to the April 2004 proposed rule 
(69 FR 18213), EPA is adopting a new Sec.  136.6 to introduce greater 
flexibility in the use of approved methods. The section describes the 
circumstances in which approved methods may be modified and the 
requirements that analysts must meet to use these modified methods in 
required measurements without prior EPA approval. The rule also 
includes language at Sec.  136.6(c) to clarify that analysts need only 
meet method performance requirements for target analytes (those 
analytes being measured for NPDES reporting) when using multi-analyte 
methods for compliance monitoring purposes. The rule also includes the 
language at Sec.  136.6(d) to allow explicitly the use of capillary 
(open tubular) GC columns with EPA Methods 601-613, 624, 625, and 1624B 
as alternatives to the packed GC columns specified in those methods, 
provided that analysts generate new retention time tables with 
capillary columns to be kept on file with other information for review 
by auditors.
    35. The rule withdraws 109 methods contained in EPA's ``Methods for 
the Chemical Analysis of Water and Wastes'' for which approved 
alternatives published by voluntary consensus standards bodies (e.g., 
ASTM and Standard Methods) are available.
    36. The rule withdraws liquid-liquid extraction (LLE) methods, 
including EPA Methods 612 and 625, as approved procedures for 
determination of 1,2-dichlorobenzene, 1,3-dichlorobenzene, and 1,4-
dichlorobenzene.
    37. The rule withdraws approval of all oil and grease methods that 
use chlorofluorocarbon-113 (CFC-113; Freon-113) as an extraction 
solvent.
    38. The rule revises Table II (Required Containers, Preservation 
Techniques, and Holding Times) and the footnotes to the table at 40 CFR 
136.3(e). The table and footnotes specify approved sampling, 
preservation, and holding time requirements for the methods approved 
for compliance monitoring to reduce confusion, resolve any conflicts 
with instructions in the underlying compliance monitoring method, and 
reflect current understanding of sample preservation requirements. The 
most significant of the changes are those made to Footnote 6, which 
addresses the preservation of samples to be analyzed for cyanide. Based 
on information gathered during the development of new cyanide methods 
approved in this rulemaking, and information collated from various 
commenters and experts in cyanide analyses, EPA revised footnote 6 to 
Table II by adding text that describes procedures that are recommended 
for removal or suppression of cyanide interferences, including 
interferences

[[Page 11204]]

from sulfur, sulfide, sulfite, thiocyanate, and aldehydes. The 
recommended procedures may differ from those described in the older 
approved methods.
    39. EPA is changing ``Director of the Environmental Monitoring 
Systems Laboratory'' and ``Director, Analytical Methods Staff'' to 
``Alternate Test Procedure Program Coordinator, Washington, DC'' every 
place the phrases appear in the regulations. This reflects the current 
organizational structure and title for the head of EPA's Alternate Test 
Procedure (ATP) Program management. In addition, addresses for 
submission of ATPs are being updated to reflect the current location of 
the Alternate Test Procedure Program Coordinator.
    40. The rule makes other minor editorial revisions to clarify 
existing regulations.

C. 40 CFR Parts 141 and 143

    1. This rule amends the regulations at 40 CFR Part 141 and Part 143 
to allow the use of 66 methods in ''Standard Methods Online'' (APHA 
2003) (40 CFR 141.21, 141.23, 141.74, and 143.4).
    2. This rule allows the use of 28 newer versions of methods 
published by ASTM International. The new versions are published in the 
1999 ``Annual Book of ASTM Standards,''' Vols.11.01 and 11.02, in the 
2000 ``Annual Book of ASTM Standards,'' Vol. 11.02 and in individual 
standards published after 2000 (40 CFR 141.23).
    3. This rule approves a new method submitted as an alternate test 
procedure for the determination of common anions--chloride, fluoride, 
nitrate, nitrite, orthophosphate, and sulfate, ``Test Method for 
Determination of Dissolved Inorganic Anions in Aqueous Matrices Using 
Capillary Ion Electrophoresis and Chromate Electrolyte'' (D6508, Rev. 
2) by Waters Corporation (40 CFR 141.23 and 143.4).
    4. This rule approves two new methods for determination of 
available cyanide, ``Available Cyanide by Flow Injection, Ligand 
Exchange, and Amperometry,'' Method OIA-1677, DW (January 2004), and 
ASTM D6888-04 (40 CFR 141.23).
    5. This rule approves the use of EPA Method 300.1 (Revision 1.0, 
1997) for compliance determinations of chloride, fluoride, nitrate, 
nitrite, orthophosphate, and sulfate (40 CFR 141.23 and Sec.  143.4).
    6. This rule approves the use of EPA Method 552.3 (Revision 1.0, 
2003) for compliance determinations of dalapon (40 CFR 141.24).
    7. This rule amends 40 CFR 141.25 to add a new method for 
determination of radium-226 and radium-228. This method, ``The 
Determination of Radium-226 and Radium-228 in Drinking Water by Gamma-
ray Spectrometry Using HPGE or Ge(Li) Detectors'' (Revision 1.2, 
December 2004), was developed by the Environmental Resources Center at 
the Georgia Institute of Technology, and was originally submitted to 
EPA as an alternate test procedure to the currently approved methods 
for determination of radium-226 and radium-228.
    8. This rule allows States the option of approving ITS Free 
chlorine test strips as a test kit for the measurement of free chlorine 
using ``Free Chlorine Species'' (HOCl- and OCl-) by Test Strip,'' ITS 
Method D99-003 (Revision 3.0, November 21, 2003) by Industrial Test 
Systems, Inc. (40 CFR 141.74).
    9. This rule approves EPA Method 327.0 (Revision 1.1, 2005) for 
measurement of chlorine dioxide residuals (40 CFR 141.74).
    10. This rule approves the use of styrene divinyl benzene beads and 
stabilized formazin as alternatives to the presently approved formazin 
standard for determination of turbidity (40 CFR 141.74).
    11. This rule revises footnote 17 to the table at 40 CFR 141.23 to 
allow the use of a 450-W UV lamp in the Kelada Method-01 for 
determination of cyanide.
    12. This rule allows the use of Syngenta Method AG-625, with the 
modified immunoassay testing product manufactured by Beacon Analytical 
Systems, for the measurement of atrazine under certain conditions. It 
may only be used by those systems that do not use chlorine dioxide for 
drinking water treatment. In addition, the results of the analysis of 
samples with concentrations of atrazine more than one-half the atrazine 
MCL (i.e., more than 1.5 [mu]g/L) must be confirmed using another 
approved method (40 CFR 141.24).
    13. This rules also revises footnote 8 to the table in paragraph 
(a)(1) to correct a long-standing discrepancy between the footnote and 
the specifications in Standard Method 9221 E. The table in question 
lists Standard Method 9221 E as one of two procedures that may be used 
for monitoring fecal coliforms. Footnote 8 simply notes the holding 
time for the A-1 broth used in this procedure. Today's action corrects 
the holding time specified in the footnote 8 to match the 7-day holding 
time that is specified in Standard Method 9221 E (40 CFR 141.74)

D. 40 CFR Part 430

    This rule amends the Effluent Limitations Guidelines for the pulp, 
paper, and paperboard point source category at 40 CFR Part 430 to 
approve a new method for determination of chlorinated phenolics in 
wastewaters generated by these industries. The rule adds a new section, 
430.02(g), to allow the use of ``Chlorinated Phenolics in Water by In 
situ Acetylation and GC/MS Determination'' (Method CP-86.07) developed 
by the National Council for Air and Stream Improvement (NCASI) as an 
alternative to otherwise required Method 1653 in Part 430, Appendix A.

E. 40 CFR Part 455

    This rule amends the regulations at 40 CFR Part 455 by moving Table 
7 from 40 CFR Part 455 to 40 CFR Part 136.3(a) as new Table IG.

F. 40 CFR Part 465

    This rule amends the Effluent Limitations Guidelines for the coil 
coating point source category at 40 CFR Part 465 to replace the method 
listed at section 465.03(c) for determination of oil and grease in 
wastewater samples from all subcategories of coil coating with EPA 
Method 1664A for determination of non-polar materials (NPM), which is 
generally equivalent to total petroleum hydrocarbons.

III. Changes Between the Proposed Rule and the Final Rule

    Except as noted below, the content of the final rule is the same as 
that of the proposed rule. In some instances, EPA revised for clarity 
the language of the final rule from that in the proposed rule.

A. Silver Determinations

    EPA received comments on the Agency's proposed withdrawal of EPA 
Method 272.1 which included information on how to keep silver in 
solution in samples with known or suspected high levels of silver by 
adding a solution containing cyanogen chloride. As a result, EPA has 
added a footnote to Table IB at Sec.  136.3 to include procedures for 
preparation and addition of this reagent to digested samples of this 
type to keep the silver in solution for analysis by any of the approved 
methods. The Agency is withdrawing EPA Method 272.1, as proposed in 
April 2004 (69 FR 18183 April 6, 2004).

B. ASTM Method D5673-02 ``Standard Test Method for Elements in Water by 
Inductively Coupled Plasma--Mass Spectrometry''

    Based on comment received on the Agency's proposed approval of ASTM 
Method D5673-02, EPA is approving an updated version of this method 
ASTM D5673-03. EPA included the updated version of this method in a 
notice of data availability (70 FR 7909, February 16, 2005) and 
requested public

[[Page 11205]]

comment on whether it should be approved. EPA received no adverse 
comments.

C. Ammonia Determinations

    EPA received comment on the Agency's proposed approval of an 
updated version of EPA Method 350.1. The commenter stated that 
mandating the use of ethylene-diamine-tetra-acetate (EDTA) in the 
method could adversely affect method performance when using an 
automated analyzer and submitted data to support this claim. Based on 
EPA's review of the data, the Agency is adding a footnote to Table IB 
at Sec.  136.3 allowing analysts to omit EDTA from EPA Method 350.1, 
provided that all of the quality control (QC) acceptance criteria in 
the method are met.

D. Available Cyanide Determinations

    The Agency solicited comment regarding problems encountered with 
the use of ligand exchange-amperometric detection methods for 
determination of available cyanide in samples that contain significant 
amounts of solids and solicited potential solutions to these problems. 
Based on public comment, EPA is adding a footnote to Table IB at Sec.  
136.3 that includes suggestions for sample filtration and for limiting 
the time between addition of ligand exchange reagents and analysis to 
solve these problems when necessary. The Agency proposed ASTM Method 
D6888-03 for determining available cyanide. Since publication of the 
proposal, EPA has received a revised version of this method. EPA 
included this revised version in a Notice of Data Availability (NODA) 
and requested public comment on the approval of this revised version of 
the method (70 FR 7909, February 16, 2005). D6888-04 contains a new 
online sulfide removal procedure and represents a refinement to the 
proposed version. EPA received no adverse comments on this revised 
version of the method and is approving ASTM Method D6888-04 in today's 
rule.

E. Kelada-01 Method for Determination of Available Cyanide and Total 
Cyanide

    Based on a comment and data received on the Agency's proposed 
approval of the Kelada-01 method for determination of available cyanide 
and total cyanide for use in NPDES compliance monitoring, a note has 
been added at 40 CFR 136.3, Table IB, Footnote 55 to allow the use of 
450-W UV lamp instead of the 550-W lamp specified in the method if it 
provides performance within the quality control acceptance criteria of 
the method in a given instrument. Similarly, modified flow cell 
configurations and flow conditions may be used in the method, provided 
that the QC acceptance criteria are met. The Agency also is adding the 
note at 40 CFR 141.23, Footnote 17, as this method was previously 
approved for use in drinking water compliance monitoring.

F. Mandatory Replacement of Mercuric Sulfate With Copper Sulfate in 
Methods for Determination of Total Kjeldahl Nitrogen

    The Agency proposed the mandatory replacement of mercury sulfate 
with copper sulfate in total Kjeldahl nitrogen (TKN) digestion. 
Comments expressed concern that copper sulfate will provide inferior 
performance in some samples, and suggested that EPA allow the continued 
use of mercury sulfate in analyses, offering copper sulfate as an 
option. Based on EPA's evaluation of these comments, the Agency has 
decided that it will continue to allow the use of mercury sulfate in 
TKN analyses.

G. Approval of Additional Standards for Turbidity Determinations

    Based on comments received on the proposed approval of additional 
standards for use in methods to determine turbidity, the Agency is 
replacing turbidity standard trade names with more generic listings in 
the footnote to Table IB at Sec.  136.3. An example formulation for 
each generic listing is also included in order to provide a reference 
to at least one source of the generic standard material. The Agency 
also is adding a similar footnote to the table in 40 CFR 141.74 where 
the approved methods for the determination of turbidity in drinking 
water are listed.

H. Allowed Use of Capillary Columns in EPA Methods 601-613, 624, 625, 
and 1624B

    The Agency proposed new language that explicitly allows the use of 
capillary columns in place of packed columns with EPA Methods 601-613, 
624, 625, and 1624B, provided that all QC tests in these methods are 
performed and all QC acceptance criteria are met. Based on comments 
received on this proposal, EPA is clarifying the regulations at Sec.  
136.6 to state that retention times will change with the switch from 
packed to capillary columns, so analysts are not required to meet the 
retention times specified in the method when the switch is made. 
Instead, analysts must generate new retention time tables with 
capillary columns to be kept on file with other information for review 
by auditors.

I. Changes to Sampling Requirements at 40 CFR Parts 122, 136, and 403

    The Agency proposed changes to the sampling requirements specified 
at 40 CFR Parts 122, 136 and 403. Based on comments received on these 
proposed updates, the sampling requirements have been modified to 
include clarifying language with respect to grab and composite sampling 
requirements, and to add E. coli and Enterococci to the parameters 
listed at Part 122.21 for which an NPDES applicant must provide 
analytical information. In addition, on October 14, 2005, EPA published 
in the Federal Register final changes to its General Pretreatment 
Regulations (70 FR 60134). In these regulations, EPA consolidated 
monitoring requirements for indirect dischargers into 40 CFR 403.12(g). 
In the proposal for the current rule, EPA proposed to modify 40 CFR 
403.12 (b). Based on changes made to 40 CFR Part 403 on October 14, 
2005, however, the proposed modifications to CFR 403.12 (b) are no 
longer required.

J. Approval Status of Total Elements Digestion

    The Agency proposed to approve a ``total recoverable'' elements 
digestion procedure, and also to retain ``total'' elements digestion 
for graphite furnace atomic absorption (GFAA) analyses. Based on 
comments received on this proposal, EPA is clarifying the language in 
Table IB at Sec.  136.3 to specify Section 4.1.3 of Methods for 
Chemical Analysis of Water and Wastes (MCAWW) as the approved digestion 
procedure for use with non-platform graphite furnace atomic absorption 
determinations.

K. EPA Method 245.7 for Determination of Mercury

    The Agency proposed approval of EPA Method 245.7 (December 2003) as 
an additional method for determination of mercury. Based on comments 
received on this proposal, EPA has revised the method and is approving 
EPA Method 245.7 (Revision 2.0, 2005) in this rule. Specifically, EPA 
has approved the method with the following changes: includes a 
discussion of the gas-liquid separator in Section 2.6, reduces the 
amount of hydrochloric acid used during sample digestion, includes the 
addition of hydrochloric acid (HCl) to standard solutions, clarifies 
that additional procedures for handling difficult matrices may be used 
provided that laboratories meet the method performance criteria, and 
revises procedures for preparing reagent blanks to remove the addition 
of stannous chloride (SnCl2) and include addition of

[[Page 11206]]

HCl. EPA also has corrected section numbering and references throughout 
Sections 4 and 7 of the method.

L. Clarification of Reporting Requirements

    The Agency proposed to add a new Sec.  136.7 that would clarify 
that a quality control (QC) failure does not relieve a permittee of the 
duty to report results and that results are to be reported to the level 
specified in the method or required in the permit, whichever is lower. 
EPA agrees with public comment that the proposed revision was unclear. 
In this rule, EPA is revising this action to clarify our intent in text 
at Sec.  136.3, rather than take final action on the proposed text at 
Sec.  136.7.
    EPA proposed a new Sec.  136.7 amendment to resolve conflicts 
between current reporting requirements at 40 CFR Parts 122 and 125 and 
preservation requirements at 40 CFR 136.3(e) and instructions in 
compliance monitoring methods specified in the tables at 40 CFR 
136.3(a). For example, some methods provide ``reject tests'' (e.g. 
Method 5210 B 5-day BOD, section 6a, Standard Methods, 20th edition) or 
state that a ``result may not be reported for regulatory compliance 
purposes'' (e.g. Method OIA 1677: Available Cyanide, section 9.3.4, OI 
Analytical) if an analytical quality control measure is outside its 
control limit range (acceptance criteria). However, it may be necessary 
to report such results if resampling, reanalysis or other corrective 
action is not possible. Not reporting these results may cause a 
permittee to be in violation of Part 122 or 125 reporting requirements. 
Reporting such available data is recommended as a good laboratory 
practice (D3856-95 Standard Guide for Good Laboratory Practices in 
Laboratories Engaged in Sampling and Analysis of Water, Annual Book of 
ASTM Standards, Water and Environmental Technology, Vol 11.01 Water 
(I), p. 353, 2003).
    For clarification, in this rule, EPA is adding a statement to the 
text preceding Tables IA to IG at Sec.  136.3(a), and Table II at Sec.  
136.3(e) to state that reporting requirements of Parts 122 or 125 may 
take precedence over the otherwise applicable reporting or preservation 
requirements of a particular analytical method.

M. Corrections to 40 CFR Part 136, Tables IA, IB, IC, ID, IE and 
Footnotes

    The Agency is correcting errors that were published in the proposed 
Table IA (List of Approved Biological Methods), Table IB (List of 
Approved Inorganic Test Procedures), Table IC (List of Approved Test 
Procedures for Non-Pesticide Organic Compounds), Table ID (List of 
Approved Test Procedures for Pesticides), and Table IE (List of 
Approved Radiologic Test Procedures) and the footnotes to those tables.

N. Revisions to 40 CFR Part 136, Table II

    The rule revises Table II (Required Containers, Preservation 
Techniques, and Holding Times), and the footnotes to Table II at 40 CFR 
136.3(e). The action of updating Table II at Sec.  136.3(e) reflects 
EPA's evaluation of comments received on the April 6, 2004 proposal. 
EPA revised footnote 1 to more clearly distinguish between polyethylene 
(P), fluoropolymer (FP), glass (G), and low-density polyethylene (LDPE) 
and has made it explicit that a sample to be used to determine fluoride 
is to be collected in a polyethylene bottle. EPA revised footnotes 2 
and 7 to add language to make more clear that preservation must be 
within 15 minutes after collection of a grab sample, a composite 
sample, or an aliquot split from a composite sample collected 
automatically over time.
    EPA modified footnote 4 to clarify the start of holding times for 
the different types of sample collection (grab samples, composite 
samples collected automatically, and a set of grab samples that is 
composited in the laboratory). The revisions remove the requirement for 
collection of samples to determine cyanide in amber glass bottles with 
PTFE-lined caps from footnote 6. Footnotes 5 and 6 describe procedures 
recommended for removal or suppression of cyanide interferences, 
including interferences from oxidants, sulfide, sulfite, thiocyanate, 
and aldehydes. In addition, the footnote also provides that other 
procedures for removal or suppression of cyanide interferences may be 
employed, provided the analyst demonstrates that such other procedures 
more accurately measure cyanide.
    EPA clarified requirements in footnote 17 specific to sampling for 
trace mercury, added EPA Method 245.7 to footnote 17, and removed 
footnote 17 from the ``Preservation'' and ``Maximum Holding Time'' 
headers. EPA has clarified footnote 18 to indicate that the number of 
significant figures is intended to establish an absolute upper limit on 
sample temperature and preclude meeting the specification through 
rounding of numbers and added an exception to footnote 18 for a sample 
analyzed immediately (in less than 15 minutes from collection). EPA 
deleted footnote 19 because the information is now in footnote 5. 
Deletion of this footnote resulted in renumbering all of the subsequent 
footnotes to Table II.
    EPA has also clarified that preservation is not required for soil 
and sediment samples. EPA also has revised preservation requirements 
for acrolein, acrylonitrile, and purgeable aromatics to remove 
inconsistences, revised requirements for collection of samples to be 
tested for Cryptosporidium and Giardia, and established 0-8 [deg]C as 
the holding temperature for samples to be tested for Cryptosporidium. 
In addition, the Agency is correcting minor formatting and 
typographical errors that were published in the proposed Table II.
    EPA recognizes that the requirements at Sec.  136.3 may differ from 
those described in some older approved methods and today's action 
clarifies that this section supersedes instructions in a compliance 
method. Where there are conflicts with existing methods published by 
EPA, VCSBs, or other entities, we expect that the next revisions of 
these methods will conform to the requirements at Sec.  136.3(e).

O. Corrections to Tables 40 CFR Parts 141.23, 141.24, 141.25, and 
141.74 and Footnotes

    The final rule corrects a number of errors in the proposed tables 
at Sec.  141.23 (Inorganic Chemical Sampling and Analytical 
Requirements), 141.24 (Organic Chemicals, Sampling and Analytical 
Requirements), 141.25 (Analytical Methods for Radioactivity) and 141.74 
(Analytical and Monitoring Requirements) and the footnotes to those 
tables. The Agency also revised the wording of several entries for the 
cyanide methods in the tables at 40 CFR 141.23 to more clearly 
distinguish among the various methodologies listed in those tables.

P. Retention of Syngenta Method AG-625 for Determination of Atrazine

    The Agency proposed to withdraw approval of Syngenta Method AG-625 
for the determination of atrazine in drinking water. Based on comments 
received regarding the April 6, 2004 proposal and comments received 
regarding additional data submitted in response to the Notice of Data 
Availability (70 FR 7909, February 16, 2005), EPA has decided to retain 
Syngenta Method AG-625 with some restrictions on its use. The revised 
approval requires confirmation of any compliance monitoring results for 
atrazine that are greater than one half of the MCL for atrazine, using 
an alternate approved method. EPA based its approval on the use of the 
modified immunoassay testing product produced

[[Page 11207]]

by Beacon Analytical Systems, the only version of the product that is 
currently offered for sale. However, use is not authorized for public 
water systems which use chlorine dioxide for drinking water treatment.

Q. EPA Method 327.0 for Determination of Chlorine Dioxide

    The Agency proposed to approve EPA Method 327.0 (Revision 1.0, 
2003) for the determination of chlorine dioxide (40 CFR 141.74). In the 
final rule, the Agency has approved EPA Method 327.0 (Revision 1.1, 
2005) and corrected three typographical errors in the proposed method.

R. Deferral of Action on Microtox[reg] 1010

    Because EPA is continuing to evaluate public comment about use of 
the Microtox[reg] 1010 test procedure for determinations of acute whole 
effluent toxicity, and the data supporting use of this test procedure, 
EPA is not taking final action on the proposal to approve Microtox[reg] 
1010 for compliance monitoring.

IV. Response to Comments

    EPA received two comments regarding methods included in this final 
rule from the August 18, 2003 proposal (68 FR 49548), 115 comments on 
the April 6, 2004 proposal (69 FR 18166), and nine comments on the 
February 16, 2005 Notice of Data Availability (NODA) (70 FR 7909). 
Commenters represented a number of different interests, including 
analytical laboratories, water utilities, instrument manufacturers, 
State and local governments, trade associations, scientists, and 
private citizens. A summary of major public comments on the proposed 
rules and the NODA and the Agency's responses is presented in this 
section, and section III of this preamble. The public docket for this 
rule includes the Agency's response to all comments.

A. Use of Syngenta Method AG-625 for Determination of Atrazine

    EPA proposed withdrawing approval of Syngenta Method AG-625 
(Syngenta Crop Protection Inc.) for the determination of atrazine. 
Based on comments and additional data submitted in response to the 
NODA, EPA has decided to retain Syngenta Method AG-625 as an approved 
method for atrazine, subject to certain conditions. Today's amended 
rule will require the use of an alternate approved method for atrazine 
to confirm any results from the Syngenta method that are greater than 
one half of the MCL for atrazine. EPA's decision to retain the approval 
of Method AG-625 is based on using the modified immunoassay testing 
product manufactured by Beacon Analytical Systems (Atrazine Plate Kit-
Cat CPP-004), the only version of the product currently 
offered for sale. However, based on data submitted in response to the 
NODA, EPA is not approving Method AG-625 for use when chlorine dioxide 
is used for drinking water treatment.
    One commenter supported the withdrawal of Syngenta Method AG-625, 
citing EPA's Environmental Technology Verification (ETV) study, and 
suggested that the method had not been validated adequately prior to 
EPA's earlier approval. The commenter also suggested that approval of a 
modified version of AG-625 may be preferable, but was concerned that 
the method using the original testing product could lead to reports of 
non-compliance and/or increased treatment cost based on erroneous 
atrazine measurements in the interim.
    Other comments questioned the validity of data submitted by the 
American Water Works Association (AWWA) that demonstrated method 
deficiencies and requested that the data not be considered by EPA. The 
commenters noted that data were not accompanied by suitable quality 
control checks and that some tests (i.e., testing the effect of humic 
acid) were not reproducible in later studies by the same investigator. 
The commenters also suggested that data generated by AWWA was not 
generated according to Method AG-625, but rather by simply using the 
commercial testing product without reference to the method.
    As reported by Adams (Adams et al., JAWWA, 2004, pp. 126-139), the 
original immunoassay test kit used with Method AG-625 was subject to a 
positive bias in the measurement of atrazine in the presence of 
disinfectants used in drinking water treatment, such as chlorine, 
monochloroamine, chloramine T, chlorine dioxide and other substances. 
Additionally, data reported by Adams using the modified Beacon test 
kit, data from the Environmental Technology Verification (ETV) Program, 
and, in fact, data in the December 2004 Syngenta study (Atrazine: Final 
Report, Syngenta Number T006141-04, 12/10/2004), demonstrate that test 
kits marketed by Beacon, Abraxis, and SDI show a modest positive bias 
in raw and finished drinking water for most samples (i.e., the measured 
concentrations in most samples were higher than the expected values). 
For a distinct minority of samples in these two studies, no bias or a 
negative bias was shown (i.e., the measured concentrations were equal 
to or lower than the expected concentrations in a few samples). The 
December 2004 Syngenta study submitted to EPA demonstrated that the 
modified Beacon immunoassay test kit performed suitably in the presence 
of chlorine, monochloroamine, chloramine T, chloroform, and humic acid. 
However the data show that an interference occurred in the presence of 
chlorine dioxide unless samples were analyzed within one day of 
collection.
    EPA agrees that data from both Syngenta and AWWA (Adams) indicate 
that, except for cases involving chlorine dioxide, the modified testing 
product performed substantially better with regard to the positive bias 
and interferences than did the original product in the presence of 
disinfectants and other interferences. EPA also agrees that, in 
general, the immunoassay products examined in these studies exhibit 
some positive bias for atrazine. Low results were only obtained from 
analyses of a few samples.
    EPA recognizes that a potential positive bias is a concern for 
water utilities, particularly those located in areas such as the 
Midwest, where atrazine is used extensively to control weeds in corn 
and sorghum crops. However, in many other areas, where it is not used, 
atrazine is not likely to be found in drinking water samples at all. 
Because accurate information on the occurrence of contaminants at 
concentrations close to the MCL is necessary for EPA to meet its 
obligation to review MCLs every six years, EPA has retained approval of 
Syngenta Method AG-625 for atrazine with the conditions on its use 
described below. The following conditions have been added as Footnote 5 
to the table at 40 CFR 141.24(e)(1).

    ``This method may not be used for the analysis of atrazine in 
any system where chlorine dioxide is used for drinking water 
treatment. In samples from all other systems, any result for 
atrazine generated by Method AG-625 that is greater than one-half 
the maximum contaminant level (MCL) (i.e., greater than 0.0015 mg/L 
or 1.5 [mu]g/L) must be confirmed using another approved method for 
this contaminant and should use additional volume of the original 
sample collected for compliance monitoring. In instances where a 
result from Method AG-625 triggers such confirmatory testing, the 
confirmatory result is to be used to determine compliance.''

    The MCL for atrazine is 0.003 mg/L (3 [mu]g/L). Thus, any results 
from Method AG-625 greater than 0.0015 mg/L (1.5 [mu]g/L) must be 
confirmed through the use of another approved method for atrazine. In 
such instances, the

[[Page 11208]]

confirmatory result is used to determine compliance, because the 
methods used for confirmatory testing are considered more accurate.
    EPA acknowledges that this requirement for confirmation may cause 
some utilities to choose not to employ Method AG-625. However, the 
approval of a method at 40 CFR Part 141 does not constitute a 
requirement for its use when other approved methods are available. 
Furthermore, EPA has concluded that, given the distribution of atrazine 
use nationwide, the majority of water utilities will not be negatively 
affected by the confirmation requirement and can take advantage of the 
potential cost savings afforded by Method AG-625 relative to other 
approved methods for atrazine. EPA notes that if utilities are 
monitoring for a broad range of contaminants using approved methods 
that cover multiple analytes (e.g., Method 525.2), then the use of a 
test kit may not offer a cost advantage because of the ability to 
include atrazine in a broad spectrum method.
    Based on the data provided in response to the proposed rule and 
NODA, EPA agrees that the presence of chlorine dioxide has substantial 
potential to interfere with Method AG-625. Therefore, EPA has not 
approved the method for use in water systems where chlorine dioxide is 
used for drinking water treatment. While the data from one study 
suggest that the atrazine results are not affected if samples are 
analyzed within 24 hours after sample collection, the circumstances 
surrounding this observation in the study have not been fully 
characterized. At a future date, EPA may reconsider the use of Method 
AG-625 by water systems using chlorine dioxide, if more information is 
available characterizing the performance of the method.

B. Results From Use of Revised Methods, ``The Determination of Radium-
226 and Radium-228 in Drinking Water by Gamma-ray Spectrometry Using 
HPGE or Ge(Li) Detectors.'' (Revision 1.2, December 2004)

    The final rule establishing radionuclide drinking water standards 
published on December 7, 2000 (65 FR 76708) required drinking water 
systems to sample and report on radionuclides in their drinking water 
supplies during the period from December 8, 2003 to December 31, 2007, 
including the combined result for radium-226 and radium-228. Prior to 
today's rule, separate methods were required for the measurement of 
radium-226 and radium-228. The separate results of the two isotopes are 
summed to provide the ``combined'' result that is compared to the MCL. 
One commenter supported the approval of the method from the Georgia 
Institute of Technology because one method can be used to measure both 
radium isotopes and would make for a faster result. The commenter also 
noted that there are approximately 150,000 Public Water Supply source 
water taps across the country that would have to be sampled. Given 
these monitoring requirements, the commenter was concerned about 
sufficient laboratory capacity to meet the monitoring requirements of 
the December 2000 rule because approval of the Georgia Institute of 
Technology method would not become effective until promulgation of 
today's rule.
    In response to this comment, EPA is allowing community water 
systems to use samples collected after January 1, 2005 and analyzed 
using the analytical method approved in this rule to satisfy the 
radium-226 and radium-228 monitoring requirements for the 2005-2007 
compliance period. (Minor corrections to the method were made in 
December 2004 and are reflected in the version approved in this rule, 
so it was not available for analyzing samples collected prior to 2005.) 
Allowing this early use of the method should alleviate some of the 
laboratory capacity concerns. EPA has included a footnote in the 
revised table of analytical methods for radioactivity at Sec.  141.25 
to indicate that samples analyzed using the newly approved method are 
acceptable. Such ``grandfathered'' data must be based on results from 
the analytical method approved for use by this final rule. The term 
``grandfathered data'' used in this rule does not apply to data 
collected to meet other grandfathering provisions specified in the 
radionuclide final rule that was published on December 7, 2000 (65 FR 
76708).

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 Executive 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