Guidelines Establishing Test Procedures for the Analysis of Pollutants; Analytical Methods for Biological Pollutants in Wastewater and Sewage Sludge: Final Rule, 14220-14233 [07-1455]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Rules and Regulations]
[Pages 14220-14233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1455]



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Part III





Environmental Protection Agency





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40 CFR Parts 136 and 503



Guidelines Establishing Test Procedures for the Analysis of Pollutants; 
Analytical Methods for Biological Pollutants in Wastewater and Sewage 
Sludge; Final Rule

Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Rules 
and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 136 and 503

[EPA-HQ-OW-2004-0014; FRL-8228-1]
RIN 2040-AE68


Guidelines Establishing Test Procedures for the Analysis of 
Pollutants; Analytical Methods for Biological Pollutants in Wastewater 
and Sewage Sludge: Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule modifies the EPA's Guidelines that establish 
approved bacterial testing procedures for analysis and sampling under 
the Clean Water Act. EPA proposed these changes for public comment on 
August 16, 2005 and April 10, 2006. These changes include approval for 
new methods for monitoring microbial pollutants in wastewater and 
sewage sludge, including EPA methods, vendor-developed methods and 
methods developed by voluntary consensus bodies (VCSB) as well as 
updated versions of currently approved methods. The addition of new and 
updated methods to the wastewater regulations provides increased 
flexibility to the regulated community and laboratories in the 
selection of analytical methods. In addition, EPA has made a technical, 
non-substantive correction.

DATES: This regulation is effective April 25, 2007. The incorporation 
by reference of these methods is approved by the Director of the 
Federal Register on April 25, 2007. For judicial review purposes, this 
final rule is promulgated as of 1 p.m. (Eastern time) on April 9, 2007 
as provided at 40 CFR 23.2 and 23.7.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-OW-2004-0014. All documents in the docket are listed on the 
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 
www.regulations.gov or in hard copy at the HQ Water Docket Center, EPA/
DC, EPA West, Room B102, 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.


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to visit the Public Reading Room to 
view documents. Consult EPA's Federal Register notice at 71 FR 38147 
(July 5, 2006) or the EPA website at https://www.epa.gov/epahome/
dockets.htm for current information on docket status, locations and 
telephone numbers.


FOR FURTHER INFORMATION CONTACT: For information regarding the changes 
to wastewater regulations, contact Robin K. Oshiro, Engineering and 
Analysis Division (4303T), USEPA Office of Science and Technology, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, 202-566-1075 (e-mail: 
oshiro.robin@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, an NPDES 
permittee (or applicant for an NPDES permit) must use an approved test 
procedure (or an approved alternate test procedure) for the specific 
pollutant when testing for the required waste constituent. Similarly, 
if EPA has established permit monitoring requirements, measurements 
taken and reported 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:

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                                             Examples of potentially
                Category                        regulated entities
------------------------------------------------------------------------
State, Territorial, and Indian Tribal    States, Territories, and Tribes
 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.
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 
April 25, 2007 as provided at 40 CFR 23.2. The requirements of this 
regulation may also not be challenged later in civil or criminal 
proceedings brought by EPA.
Abbreviations and Acronyms Used in the Preamble and Final Rule
AOAC: Association of Official Analytical Chemists International
ASTM: American Society for Testing and Materials International

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CWA: Clean Water Act
EPA: Environmental Protection Agency
VCSB: Voluntary Consensus Standard Body

Table of Contents

I. Statutory Authority
    Clean Water Act
II. Summary of Final Rule
    A. 40 CFR Part 136
    B. 40 CFR Part 503
III. Changes Between the Proposed Rule and the Final Rule
    A. Revision to 40 CFR Part 136, Applicability
    B. Revision to 40 CFR Part 136, Identification of Test 
Procedures
    C. Revision to 40 CFR Part 136, Table IA Title
    D. Revisions to 40 CFR Part 136, Table II and Footnotes
    E. Revisions to 40 CFR Part 503, Sampling and Analysis
IV. Response to Comments
    Lack of Connecting Language Between 40 CFR Parts 136 and 503 for 
Sewage Sludge Methods
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

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 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).

II. Summary of Final Rule

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

A. 40 CFR Part 136

    This rule approves new and revised methods for inclusion in 40 CFR 
Part 136. These methods include EPA methods, vendor methods submitted 
by IDEXX and Hach, and voluntary consensus standards.
    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 
five E. coli and two enterococci methods for monitoring microbial 
pollutants in wastewaters. The E. coli methods include EPA Method 1603 
(modified mTEC), and vendor methods Colilert[supreg] and Colilert-
18[supreg], and mColiBlue24[supreg]. The enterococci methods include 
EPA Method 1600 (mEI), and vendor method EnterolertTM.
    2. The rule approves two fecal coliform and one Salmonella method 
for monitoring microbial pollutants in sewage sludge (biosolids). The 
fecal coliform methods include EPA Methods 1680 (LT-EC) and 1681 (A-1) 
and the Salmonella Method 1682 (Modified MSRV). The methods approved 
today are alternative methods to those currently prescribed for 
measuring fecal coliform and salmonella in sewage sludge identified in 
40 CFR Sec.  503.8(b).
    3. The rule amends the regulations by moving the microbial methods 
approved for use in ambient waters from Table IA to a new Table IH, and 
adding Table IH to section 136.3(a).
    4. The rule extends the holding time for fecal coliforms using EPA 
Methods 1680 (LTB-EC) or 1681 (A-1) in sewage sludge for Class A 
composted, Class B aerobically or anaerobically digested sewage sludge.
    5. The rule amends 40 CFR 136.1 to add a new provision that 
authorizes the use of the methods identified at 40 CFR 503.8(b) and the 
newly approved Part 136 methods for fecal coliform and Salmonella for 
permit applications and recordkeeping and reporting required under 
EPA's sewage sludge regulations at 40 CFR Part 503.

B. 40 CFR Part 503

    This rule amends the regulations at 40 CFR Part 503 by adding a 
cross reference to the 40 CFR Part 136 methods in section 503.8(b).

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. Revision to 40 CFR Part 136, Applicability

    Based on comment received on the Agency's proposal of methods for 
use in sewage sludge, EPA has amended the applicability provision to 
clarify that the applicable procedures of Part 136 and Part 503 must be 
used for measurements for sewage sludge permit applications and 
reporting and recordkeeping requirements under Part 503.

B. Revision to 40 CFR Part 136, Identification of Test Procedures

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's changes to the rule final 
without prior proposal and opportunity for comment. Notice and 
opportunity for public comment is not necessary with respect to these 
changes because they are not substantive and merely correct errors in 
cross-referenced provisions as explained below.
    Section 136.3(a) provides that discharge parameter values for which 
reports are required must be determined either by the standard 
analytical test procedures described in the tables in Part 136 or 
approved additional or alternate test procedures. EPA has modified the 
language of 40 CFR 136.3(a) to make three corrections. First, EPA has 
changed the citation in the last sentence before Table IA from 
``paragraphs (b) or (c) of this section or 40 CFR 401.13'' to 
``paragraphs (c) of this section, 40 CFR 136.5(a)-(d) and 40 CFR 
401.13.'' Paragraph (b) does not describe circumstances in which 
alternate procedures may be approved while section 136.5 does.
    Second, EPA has deleted the clause at the end of the last sentence 
which states that other test procedures may be used

    ``* * * when such other test procedures have been previously 
approved by the Regional Administrator of the Region in which the 
discharge will occur, and providing the Director of the State in 
which

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the discharge will occur does not object to the use of such 
alternate test procedure * * *.''

Only two of the cited provisions require approval by the Regional 
Administrator or Director of a State. 40 CFR 401.13 does not because it 
pertains to variances of guidelines of national applicability.
    The cross-referenced provisions authorize the use of additional or 
alternate test procedures in described circumstances. Thus, section 
136.3(c) authorizes approval by the Regional Administrator (or Director 
of an approved State NPDES Program) for analysis of additional 
pollutants or parameters required to be reported for a particular 
discharge. Section 136.5(a)-(d) authorizes approval by the Regional 
Administrator of alternate procedures for use within a particular EPA 
Region. 40 CFR section 401.13 authorizes the use of analytical 
procedures that are specifically defined in 40 CFR Parts 402-699. This 
last category of analytical procedures that are promulgated for 
specific effluent limitations guidelines and pretreatment standards and 
not codified in Part 136 do not require the approval of the Director of 
a State as the current language erroneously implies.
    Third, EPA removed an erroneous reference that was listed as a 
source for the methods listed in section 136.3.
    EPA has modified the regulation to provide the correct citation and 
delete the inaccurate and misleading language. None of the changes EPA 
is promulgating today are themselves substantive but rather, as noted, 
only either correct an error in citing to the other applicable 
provisions of these regulations or correct inaccuracies. The 
substantive provisions in question were previously subject to notice 
and comment. Thus, notice and public procedures are unnecessary. EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(B).

C. Revision to 40 CFR Part 136, Table IA Title

    The rule revises the title to Table IA from ``List of Approved 
Biological Methods'' to ``List of Approved Biological Methods for 
Wastewater and Sewage Sludge.'' Today's action updating Table IA at 
Sec.  136.3 more clearly defines the removal of approved 
microbiological methods for ambient waters from this table. Such 
methods have been moved to a new table, Table IH.

D. Revisions to 40 CFR Part 136, Table II and Footnotes

    The rule revises Table II (Required Containers, Preservation 
Techniques, and Holding Times), and the footnotes to Table II at 40 CFR 
136.3(e). Today's action updating Table II at Sec.  136.3(e) more 
clearly defines the holding time for bacterial testing as 6 hours 
holding time with 2 hours to process samples.

E. Revision to 40 CFR Part 503, Sampling and Analysis

    Based on comments received on the Agency's proposal of methods for 
use in sewage sludge, EPA is including a cross reference to 40 CFR Part 
136 in 40 CFR 503.8(b) which prescribes the methods that must be used 
for sampling and analysis of sewage sludge.

IV. Response to Comments

    EPA received 39 comments regarding methods included in this final 
rule from the August 16, 2005 proposal (70 FR 48256), and 9 comments on 
the April 10, 2006 Notice of Data Availability (NODA) (71 FR 18329). 
Commentors represented a number of different interests, including 
analytical laboratories, water utilities, instrument manufacturers, 
State and local governments, trade associations, scientists, and 
private citizens. The public docket for this rule includes the Agency's 
response to all comments. The majority of the comments were with regard 
to method inclusion, method use, and quality control requirements. The 
following is a summary of our response to comments about the lack of 
connecting language between 40 CFR Parts 136 and 503 for sewage sludge 
methods.
    EPA proposed to approve methods in 40 CFR Part 136 for sewage 
sludge but did not include an appropriate cross reference in 40 CFR 
Part 503 to Part 136 so as to allow the use of appropriate 40 CFR 136.3 
methods as alternative methods to those listed in 40 CFR 503.8. Based 
on comments to the proposal, EPA has amended the language in 40 CFR 
503.8(b). In addition, as discussed above, EPA has also amended the 
language in 40 CFR 136.1 regarding the applicability of the methods in 
this section to 40 CFR Part 503.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

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 rule does not impose any information collection, reporting, or 
recordkeeping requirements. This rule merely adds new and updated 
versions of testing procedures, withdraws some older testing 
procedures, and establishes new sample collection, preservation, and 
holding time requirements.
    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 purpose 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 RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the 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 
governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities for methods under the Clean Water Act, small entity is defined 
as: (1) A small business as defined by the Small Business 
Administration's (SBA) regulations at 13 CFR 121.201; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population less than 50,000; 
and (3) a small organization that is any not-for-profit enterprise 
which is independently owned and operated and is not dominant in its 
field.
    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.

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This final rule will not impose any requirements on small entities. 
This action approves new and updated versions of testing procedures, 
withdraws some older testing procedures, and approves new sample 
collection, preservation, and holding time requirements. Generally, 
these changes will have a positive impact on small entities by 
increasing method flexibility, thereby allowing entities to reduce 
costs by choosing more cost-effective methods. In some cases, 
analytical costs may increase slightly due to the additional QC 
requirements included in the methods that are being approved. However, 
most laboratories that analyze samples for EPA compliance monitoring 
have already instituted QC requirements as part of their laboratory 
practices.

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, Tribal, and local 
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 of 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 the 
notification of 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.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of 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. In fact, 
this rule should (on the whole) save money for governments and the 
private sector by increasing method flexibility, and allowing these 
entities to reduce monitoring costs by taking advantage of innovations. 
Thus, today's rule is not subject to the requirements of Sections 202 
and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. Generally, this action will have a positive impact by 
increasing method flexibility, thereby allowing method users to reduce 
costs by choosing more cost effective methods. In some cases, 
analytical costs may increase slightly due to changes in methods, but 
these increases are neither significant nor unique to small 
governments. This rule merely approves new and updated versions of 
testing procedures, withdraws some older testing procedures, and 
approves new sample collection, preservation, and holding time 
requirements. Thus, today's rule is not subject to the requirements of 
Section 203 of 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. This rule merely approves new 
and updated versions of testing procedures, withdraws some older 
testing procedures, and approves new sample collection, preservation, 
and holding time requirements. The costs to State and local governments 
will be minimal (in fact, governments may see a cost savings), and the 
rule does not preempt State law. Thus, Executive Order 13132 does not 
apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicited comment on the proposed rule 
from State and local officials.

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.''
    This final rule does not have tribal implications, as specified in 
Executive Order 13175. 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. This rule merely 
approves new and updated versions of testing procedures, withdraws some 
older testing procedures, and approves new sample collection, 
preservation, and holding time requirements. The costs to Tribal 
governments will be minimal (in fact, governments may see a cost 
savings), and the rule does not preempt State law. Thus, Executive 
Order 13175 does not apply to this rule.

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

[[Page 14224]]

considered by the Agency. This final rule is not subject to the 
Executive Order 13045 because it is not economically significant as 
defined in Executive Order 12866. Further it does not concern an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. This action approves new 
and updated versions of testing procedures, withdraws some older 
testing procedures, and approves new sample collection, preservation, 
and holding time requirements.

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

    As noted in the proposed rule, 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., material 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standard bodies. The NTTAA directs EPA to provide Congress, through the 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. This rulemaking involves 
technical standards. EPA has decided to use E. coli, enterococci and 
fecal coliform methods published in Standard Methods and ASTM 
International.
    The E. coli methods from Standard Methods are method 9223B 
(Standard Methods 18th, 19th and 20th Editions) and method 9223 B-97 
(Standard Methods Online Edition), as well as AOAC method 991.15. The 
enterococci method from ASTM is method D6503-99. The fecal coliform 
methods from Standard Methods are methods 9221 C E (Standard Methods 
18th, 19th and 20th Editions) and method 9221 C E-99 (Standard Methods 
Online Edition). Standard Methods can be obtained from American Public 
Health Association, 1015 15th Street, NW., Washington DC 20005, AOAC 
methods can be obtained from Association of Official Analytical 
Chemists International, 481 North Frederick Avenue, Suite 500, 
Gaithersburg, MD 20877-2417, and ASTM methods can be obtained from ASTM 
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428. 
These newly approved procedures reflect improvements in science and 
technology. EPA believes that the addition of these methods offer a 
wider variety of options that may be more cost effective to conduct 
compliance monitoring of bacterial pollutants.

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 April 25, 2007.

List of Subjects

40 CFR Part 136

    Environmental protection, Incorporation by reference, Reporting and 
recordkeeping requirements, Water pollution control.

40 CFR Part 503

    Environmental protection, Reporting and recordkeeping requirements, 
Waste treatment and disposal, Water pollution control.

    Dated: September 28, 2006.
Stephen L. Johnson,
Administrator.

    Editorial Note: The Office of the Federal Register received this 
document on March 8, 2007.


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

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

0
1. The authority citation for Part 136 continues to read as follows:

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


0
2. Section 136.1 is revised to read as follows:


Sec.  136.1  Applicability.

    (a) The procedures prescribed herein shall, except as noted in 
Sec.  136.5, be used to perform the measurements indicated whenever the 
waste constituent specified is required to be measured for:
    (1) An application submitted to the Administrator, or to a State 
having an approved NPDES program for a permit under section 402 of the 
Clean Water Act of 1977, as amended (CWA), and/or to reports required 
to be submitted under NPDES permits or other requests for quantitative 
or qualitative effluent data under parts 122 to 125 of title 40, and,
    (2) Reports required to be submitted by dischargers under the NPDES 
established by parts 124 and 125 of this chapter, and,
    (3) Certifications issued by States pursuant to section 401 of the 
CWA, as amended.
    (b) The procedure prescribed herein and in part 503 of title 40 
shall be used to perform the measurements required for an application 
submitted to the Administrator or to a State for a sewage sludge permit 
under section 405(f) of the Clean Water Act and for recordkeeping and 
reporting requirements under part 503 of title 40.


0
3. Section 136.3 is amended as follows:
0
a. By revising paragraph (a) introductory text and Table IA.
0
b. In paragraph (a) by adding Table IH after the notes of Table IG.
0
c. In paragraph (b) by revising the introductory text and by revising 
references 2, 6, 10, 11, 34, 38, 39, and 52 through 62; and by adding 
references 70 through 72.
0
d. By revising paragraph (e).


Sec.  136.3  Identification of test procedures.

    (a) Parameters or pollutants, for which methods are approved, are 
listed together with test procedure descriptions and references in 
Tables IA, IB, IC, ID, IE, IF, IG, and IH. In the event of a conflict 
between the reporting requirements of 40 CFR Parts 122 and 125 and any 
reporting requirements associated with the methods listed in these 
tables, the provisions of 40 CFR Parts 122 and 125 are controlling and 
will determine a permittee's reporting requirements. The full text of 
the referenced test procedures are incorporated by reference into 
Tables

[[Page 14225]]

IA, IB, IC, ID, IE, IF, IG, and IH. The incorporation by reference of 
these documents, as specified in paragraph (b) of this section, 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 in paragraph (b) of this section. 
Documents may be inspected at EPA's Water Docket, EPA West, 1301 
Constitution Avenue, NW., Room B102, 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. These test 
procedures are incorporated as they exist on the day of approval and a 
notice of any change in these test procedures will be published in the 
Federal Register. The discharge parameter values for which reports are 
required must be determined by one of the standard analytical test 
procedures incorporated by reference and described in Tables IA, IB, 
IC, ID, IE, IF, IG, and IH or by any alternate test procedure which has 
been approved by the Administrator under the provisions of paragraph 
(d) of this section and Sec. Sec.  136.4 and 136.5. Under certain 
circumstances paragraph (c) of this section, Sec.  136.5(a) through (d) 
or 40 CFR 401.13, other additional or alternate test procedures may be 
used.

                                     Table IA.--List of Approved Biological Methods for Wastewater and Sewage Sludge
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Standard methods
       Parameter and units            Method \1\              EPA          18th, 19th, 20th    Standard methods    AOAC, ASTM, USGS          Other
                                                                                  ed.               online
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bacteria:
    1. Coliform (fecal), number   Most Probable       p. 132 \3\........  9221 C E..........  9221 C E-99.......
     per 100 mL or number per      Number (MPN),\5\   1680 \12,14\......
     gram dry weight.              tube 3 dilution,   1681 \12,19\......
                                   or
                                  Membrane filter     p. 124 \3\........  9222 D............  9222 D-97.........  B-0050-85 \5\.....
                                   (MF) \2\, single
                                   step.
    2. Coliform (fecal) in        MPN, 5 tube, 3      p. 132 \3\........  9221 C E..........  9221 C E-99.......
     presence of chlorine,         dilution, or
     number per 100 mL.
                                  MF \2\, single      p. 124 \3\........  9222 D............  9222 D-97.........
                                   step.
    3. Coliform (total), number   MPN, 5 tube, 3      p. 114 \3\........  9221 B............  9221 B-99.........
     per 100 mL.                   dilution, or
                                  MF \2\, single      p. 108 \3\........  9222 B............  9222 B-97.........  B-0025-8 \5\......
                                   step or two step.
    4. Coliform (total), in       MPN, 5 tube, 3      p. 114 \3\........  9221 B............  9221 B-99.........
     presence of chlorine,         dilution, or
     number per 100 mL.
                                  MF \2\ with         p. 111 \3\........  9222 (B+B.5c).....  9222 (B+B.5c)-97..
                                   enrichment.
    5. E. coli, number per 100    MPN \7,9,15\        ..................  9223 B \13\.......  9223 B-97 \13\....  991.15 \11\.......  Colilert[supreg]\1
     mL \20\.                      multiple tube/                                                                                      3,17\
                                   multiple well.                                                                                     Colilert-
                                                                                                                                       18[supreg]\13,16,
                                                                                                                                       17\
                                  MF \2,6,7,8,9\      1603 \21\.........  ..................  ..................  ..................  mColiBlue-
                                   single step.                                                                                        24[supreg]\18\
    6. Fecal streptococci,        MPN, 5 tube 3       p. 139 \3\........  9230 B............  9230 B-93.........
     number per 100 mL.            dilution,.
                                  MF \2\, or........  p. 136 \3\........  9230 C............  9230 C-93.........  B-0055-85 \5\.....
                                  Plate count.......  p. 143 \3\........
    7. Enterococci, number per    MPN \7,9\,          ..................  ..................  ..................  D6503-99 \10\.....  Enterolert[supreg]
     100 mL \20\.                  multiple tube/                                                                                      \13,23\
                                   multiple well.
                                  MF \2,6,7,8,9\      1600 \24\.........
                                   single step.
    8. Salmonella, number per     MPN multiple tube.  1682 \22\.........
     gram dry weight \12\.
Aquatic Toxicity:
    9. Toxicity, acute, fresh     Ceriodaphnia dubia  2002.0 \25\.......
     water organisms, LC 50,       acute.
     percent effluent.
                                  Daphnia puplex and  2021.0 \25\.......
                                   Daphnia magna
                                   acute.
                                  Fathead Minnow,     2000.0 \25\.......
                                   Pimephales
                                   promelas, and
                                   Bannerfin shiner,
                                   Cyprinella
                                   leedsi, acute.

[[Page 14226]]

 
                                  Rainbow Trout,      2019.0 \25\.......
                                   Oncorhynchus
                                   mykiss, and brook
                                   trout, Salvelinus
                                   fontinalis, acute.
    10. Toxicity, acute,          Mysid, Mysidopsis   2007.0 \25\.......
     estuarine and marine          bahia, acute.
     organisms of the Atlantic
     Ocean and Gulf of Mexico,
     LC50, percent effluent.
                                  Sheepshead Minnow,  2004.0 \25\.......
                                   Cyprinodon
                                   variegatus, acute.
                                  Silverside,         2006.0 \25\.......
                                   Menidia
                                   beryllina,
                                   Menidia menidia,
                                   and Menidia
                                   peninsulae, acute.
    11. Toxicity, chronic, fresh  Fathead minnow,     1000.0 \26\.......
     water organisms, NOEC or      Pimephales
     IC25, percent effluent.       promelas, larval
                                   survival and
                                   growth.
                                  Fathead minnow,     1001.0 \26\.......
                                   Pimephales
                                   promelas, embryo-
                                   larval survival
                                   and
                                   teratogenicity.
                                  Daphnia,            1002.0 \26\.......
                                   Ceriodaphnia
                                   dubia, survival
                                   and reproduction.
                                  Green alga,         1003.0 \26\.......
                                   Selenastrum
                                   capricornutum,
                                   growth.
    12. Toxicity, chronic,        Sheepshead minnow,  1004.0 \27\.......
     estuarine and marine          Cyprinodon
     organisms of the Atlantic     variegatus,
     Ocean and Gulf of Mexico,     larval survival
     NOEC or IC25, percent         and growth.
     effluent.
                                  Sheepshed minnow,   1005.0 \27\.......
                                   Cyprinodon
                                   variegatus,
                                   embryo-larval
                                   survival and
                                   teratogenicity.
                                  Inland silverside,  1006.0 \27\.......
                                   Menidia
                                   beryllina, larval
                                   survival and
                                   growth.
                                  Mysid, Mysidopsis   1007.0 \27\.......
                                   bahia, survival,
                                   growth, and
                                   fecundity.
                                  Sea urchin,         1008.0 \27\.......
                                   Arbacia
                                   punctulata,
                                   fertilization.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The method must be specified when results are reported.
\2\ A 0.45 [mu]m membrane filter (MF) or other pore size certified by the manufacturer to fully retain organisms to be cultivated and to be free of
  extractables which could interfere with their growth.
\3\ USEPA. 1978. Microbiological Methods for Monitoring the Environment, Water, and Wastes. Environmental Monitoring and Support Laboratory, U.S.
  Environmental Protection Agency, Cincinnati, OH, EPA/600/8-78/017.
\4\ [Reserved].
\5\ USGS. 1989. U.S. Geological Survey Techniques of Water-Resource Investigations, Book 5, Laboratory Analysis, Chapter A4, Methods for Collection and
  Analysis of Aquatic Biological and Microbiological Samples, U.S. Geological Survey, U.S. Department of the Interior, Reston, VA.
\6\ Because the MF technique usually yields low and variable recovery from chlorinated wastewaters, the Most Probable Number method will be required to
  resolve any controversies.
\7\ Tests must be conducted to provide organism enumeration (density). Select the appropriate configuration of tubes/filtrations and dilutions/volumes
  to account for the quality, character, consistency, and anticipated organism density of the water sample.

[[Page 14227]]

 
\8\ When the MF method has been used previously to test waters with high turbidity, large numbers of noncoliform bacteria, or samples that may contain
  organisms stressed by chlorine, a parallel test should be conducted with a multiple-tube technique to demonstrate applicability and comparability of
  results.
\9\ To assess the comparability of results obtained with individual methods, it is suggested that side-by-side tests be conducted across seasons of the
  year with the water samples routinely tested in accordance with the most current Standard Methods for the Examination of Water and Wastewater or EPA
  alternate test procedure (ATP) guidelines.
\10\ ASTM. 2000, 1999, 1996. Annual Book of ASTM Standards--Water and Environmental Technology. Section 11.02. ASTM International. 100 Barr Harbor
  Drive, West Conshohocken, PA 19428.
\11\ AOAC. 1995. Official Methods of Analysis of AOAC International, 16th Edition, Volume I, Chapter 17. Association of Official Analytical Chemists
  International. 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.
\12\ Recommended for enumeration of target organism in sewage sludge.
\13\ These tests are collectively known as defined enzyme substrate tests, where, for example, a substrate is used to detect the enzyme [beta]-
  glucuronidase produced by E. coli.
\14\ USEPA. July 2006. Method 1680: Fecal Coliforms in Sewage Sludge (Biosolids) by Multiple-Tube Fermentation Using Lauryl-Tryptose Broth (LTB) and EC
  Medium. US Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-06-012.
\15\ Samples shall be enumerated by the multiple-tube or multiple-well procedure. Using multiple-tube procedures, employ an appropriate tube and
  dilution configuration of the sample as needed and report the Most Probable Number (MPN). Samples tested with Colilert[supreg] may be enumerated with
  the multiple-well procedures, Quanti-Tray[supreg] Quanti-Tray[supreg] 2000, and the MPN calculated from the table provided by the manufacturer.
\16\ Colilert-18[supreg] is an optimized formulation of the Colilert[supreg] for the determination of total coliforms and E. coli that provides results
  within 18 h of incubation at 35 [deg]C rather than the 24 h required for the Colilert[supreg] test and is recommended for marine water samples.
\17\ Descriptions of the Colilert[supreg], Colilert-18[supreg], Quanti-Tray[supreg], and Quanti-Tray[supreg]/2000 may be obtained from IDEXX
  Laboratories, Inc., 1 IDEXX Drive, Westbrook, ME 04092.
\18\ A description of the mColiBlue24[supreg] test, Total Coliforms and E. coli, is available from Hach Company, 100 Dayton Ave., Ames, IA 50010.
\19\ USEPA. July 2006. Method 1681: Fecal Coliforms in Sewage Sludge (Biosolids) by Multiple-Tube Fermentation using A-1 Medium. U.S. Environmental
  Protection Agency, Office of Water, Washington, DC EPA-821-R-06-013.
\20\ Recommended for enumeration of target organism in wastewater effluent.
\21\ USEPA. July 2006. Method 1603: Escherichia coli (E. coli) in Water by Membrane Filtration Using Modified membrane-Thermotolerant Escherichia coli
  Agar (modified mTEC). U.S. Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-06-011.
\22\ USEPA. July 2006. Method 1682: Salmonella in Sewage Sludge (Biosolids) by Modified Semisolid Rappaport-Vassiliadis (MSRV) Medium. U.S.
  Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-06-014.
\23\ A description of the Enterolert[supreg] test may be obtained from IDEXX Laboratories, Inc., 1 IDEXX Drive, Westbrook, ME 04092.
\24\ USEPA. July 2006. Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-[beta]-D-Glucoside Agar (mEI). U.S.
  Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-06-009.
\25\ USEPA. October 2002. 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.
\26\ USEPA. October 2002. 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.
\27\ USEPA. October 2002. Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms.
  Third Edition. U.S. Environmental Protection Agency, Office of Water, Washington, DC EPA/821/R-02/014.

* * * * *

                                          Table IH.--List of Approved Microbiological Methods for Ambient Water
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Standard  methods
       Parameter and units            Method \1\              EPA          18th, 19th, 20th    Standard methods    AOAC, ASTM, USGS          Other
                                                                                  Ed.               online
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bacteria:
    1. E. coli, number per 100    MPN \6,8,14\        ..................  9221 B.1/9221 F     9221 B.1-99/9221 F
     mL.                           multiple tube,                          \11,13\.            \11,13\.
                                  Multiple tube/      ..................  9223 B \12\.......  9223 B-97 \12\....  991.15 \10\.......  Colilert[supreg]
                                   multiple well,                                                                                      \12,16\ Colilert-
                                                                                                                                       18[supreg]
                                                                                                                                       \12,15,16\.
                                  MF \2,5,6,7,8\ two  1103.1 \19\.......  9222 B/9222 G       9222 B-97/9222 G    D5392-93 \9\......
                                   step, or                                \18\, 9213 D.       \18\.
                                  Single step.......  1603 \20\, 1604     ..................  ..................  ..................  mColiBlue-
                                                       \21\.                                                                           24[supreg] \17\.
    2. Enterococci, number per    MPN \6,8\ multiple  ..................  9230 B............  9230 B-93.........
     100 mL.                       tube,
                                  Multiple tube/      ..................  ..................  ..................  D6503-99 \9\......  Enterolert[supreg]
                                   multiple well.                                                                                      \12,22\.
                                  MF \2,5,6,7,8\ two  1106.1 \23\.......  9230 C............  9230 C-93.........  D5259-92 \9\......
                                   step.
                                  Single step, or...  1600 \24\.........
                                  Plate count.......  p. 143 \3\........
Protozoa:
    3. Cryptosporidium..........  Filtration/IMS/FA.  1622 \25,\1623
                                                       \26\.
    4. Giardia..................  Filtration/IMS/FA.  1623 \26\.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The method must be specified when results are reported.
\2\ A 0.45 [mu]m membrane filter (MF) or other pore size certified by the manufacturer to fully retain organisms to be cultivated and to be free of
  extractables which could interfere with their growth.
\3\ USEPA. 1978. Microbiological Methods for Monitoring the Environment, Water, and Wastes. Environmental Monitoring and Support Laboratory, U.S.
  Environmental Protection Agency, Cincinnati, OH. EPA/600/8-78/017.
\4\ [Reserved]
\5\ Because the MF technique usually yields low and variable recovery from chlorinated wastewaters, the Most Probable Number method will be required to
  resolve any controversies.
\6\ Tests must be conducted to provide organism enumeration (density). Select the appropriate configuration of tubes/filtrations and dilutions/volumes
  to account for the quality, character, consistency, and anticipated organism density of the water sample.

[[Page 14228]]

 
\7\ When the MF method has not been used previously to test waters with high turbidity, large number of noncoliform bacteria, or samples that may
  contain organisms stressed by chlorine, a parallel test should be conducted with a multiple-tube technique to demonstrate applicability and
  comparability of results.
\8\ To assess the comparability of results obtained with individual methods, it is suggested that side-by-side tests be conducted across seasons of the
  year with the water samples routinely tested in accordance with the most current Standard Methods for the Examination of Water and Wastewater or EPA
  alternate test procedure (ATP) guidelines.
\9\ ASTM. 2000, 1999, 1996. Annual Book of ASTM Standards--Water and Environmental Technology. Section 11.02. ASTM International. 100 Barr Harbor Drive,
  West Conshohocken, PA 19428.
\10\ AOAC. 1995. Official Methods of Analysis of AOAC International, 16th Edition, Volume I, Chapter 17. Association of Official Analytical Chemists
  International. 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417.
\11\ The multiple-tube fermentation test is used in 9221B.1. Lactose broth may be used in lieu of lauryl tryptose broth (LTB), if at least 25 parallel
  tests are conducted between this broth and LTB using the water samples normally tested, and this comparison demonstrates that the false-positive rate
  and false-negative rate for total coliform using lactose broth is less than 10 percent. No requirement exists to run the completed phase on 10 percent
  of all total coliform-positive tubes on a seasonal basis.
\12\ These tests are collectively known as defined enzyme substrate tests, where, for example, a substrate is used to detect the enzyme [beta]-
  glucuronidase produced by E. coli.
\13\ After prior enrichment in a presumptive medium for total coliform using 9221B.1, all presumptive tubes or bottles showing any amount of gas, growth
  or acidity within 48 h  3 h of incubation shall be submitted to 9221F. Commercially available EC-MUG media or EC media supplemented in the
  laboratory with 50 [mu]g/mL of MUG may be used.
\14\ Samples shall be enumerated by the multiple-tube or multiple-well procedure. Using multiple-tube procedures, employ an appropriate tube and
  dilution configuration of the sample as needed and report the Most Probable Number (MPN). Samples tested with Colilert[supreg] may be enumerated with
  the multiple-well procedures, Quanti-Tray[supreg] or Quanti-Tray[supreg] 2000, and the MPN calculated from the table provided by the manufacturer.
\15\ Colilert-18[supreg] is an optimized formulation of the Colilert[supreg] for the determination of total coliforms and E. coli that provides results
  within 18 h of incubation at 35 [deg]C rather than the 24 h required for the Colilert[supreg] test and is recommended for marine water samples.
\16\ Descriptions of the Colilert[supreg], Colilert-18[supreg], Quanti-Tray[supreg], and Quanti-Tray[supreg]/2000 may be obtained from IDEXX
  Laboratories, Inc., 1 IDEXX Drive, Westbrook, ME 04092.
\17\ A description of the mColiBlue24[supreg] test, Total Coliforms and E. coli, is available from Hach Company, 100 Dayton Ave., Ames, IA 50010.
\18\ Subject total coliform positive samples determined by 9222B or other membrane filter procedure to 9222G using NA-MUG media.
\19\ USEPA. July 2006. Method 1103.1: Escherichia coli (E. coli) in Water by Membrane Filtration Using membrane-Thermotolerant Escherichia coli Agar
  (mTEC). U.S. Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-06-010.
\20\ USEPA. July 2006. Method 1603: Escherichia coli (E. coli) in Water by Membrane Filtration Using Modified membrane-Thermotolerant Escherichia coli
  Agar (Modified mTEC). U.S. Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-06-011.
\21\ Preparation and use of MI agar with a standard membrane filter procedure is set forth in the article, Brenner et al. 1993. ``New Medium for the
  Simultaneous Detection of Total Coliform and Escherichia coli in Water.'' Appl. Environ. Microbiol. 59:3534-3544 and in USEPA. September 2002.: Method
  1604: Total Coliforms and Escherichia coli (E. coli) in Water by Membrane Filtration by Using a Simultaneous Detection Technique (MI Medium). U.S.
  Environmental Protection Agency, Office of Water, Washington, DC EPA 821-R-02-024.
\22\ A description of the Enterolert[supreg] test may be obtained from IDEXX Laboratories, Inc., 1 IDEXX Drive, Westbrook, ME 04092.
\23\ USEPA. July 2006. Method 1106.1: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus-Esculin Iron Agar (mE-EIA). U.S.
  Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-06-008.
\24\ USEPA. July 2006. Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-[beta]-D-Glucoside Agar (mEI). U.S.
  Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-06-009.
\25\ Method 1622 uses filtration, concentration, immunomagnetic separation of oocysts from captured material, immunofluorescence assay to determine
  concentrations, and confirmation through vital dye staining and differential interference contrast microscopy for the detection of Cryptosporidium.
  USEPA. 2001. Method 1622: Cryptosporidium in Water by Filtration/IMS/FA. U.S. Environmental Protection Agency, Office of Water, Washington, DC EPA-821-
  R-01-026.
\26\ Method 1623 uses filtration, concentration, immunomagnetic separation of oocysts and cysts from captured material, immunofluorescence assay to
  determine concentrations, and confirmation through vital dye staining and differential interference contrast microscopy for the simultaneous detection
  of Cryptosporidium and Giardia oocysts and cysts. USEPA. 2001. Method 1623. Cryptosporidium and Giardia in Water by Filtration/IMS/FA. U.S.
  Environmental Protection Agency, Office of Water, Washington, DC EPA-821-R-01-025.

    (b) The full texts of the methods from the following references 
which are cited in Tables IA, IB, IC, ID, IE, IF, IG and IH are 
incorporated by reference into this regulation and may be obtained from 
the source identified. All costs cited are subject to change and must 
be verified from the indicated source. The full texts of all the test 
procedures cited are available for inspection 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: https://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.

References, Sources, Costs, and Table Citations

* * * * *
    (2) USEPA. 1978. Microbiological Methods for Monitoring the 
Environment, Water, and Wastes. Environmental Monitoring and Support 
Laboratory, U.S. Environmental Protection Agency, Cincinnati, Ohio. 
EPA/600/8-78/017. Available at https://www.epa.gov/clariton/srch.htm or 
from: National Technical Information Service, 5285 Port Royal Road, 
Springfield, Virginia 22161, Pub. No. PB-290329/A.S. Table IA, Note 3; 
Table IH, Note 3.
* * * * *
    (6) American Public Health Association. 1992, 1995, and 1998. 
Standard Methods for the Examination of Water and Wastewater. 18th, 
19th, and 20th Edition (respectively). Available from: American Public 
Health Association, 1015 15th Street, NW., Washington, DC 20005. 
Standard Methods Online is available through the Standard Methods Web 
site (https://www.standardmethods.org). Tables IA, IB, IC, ID, IE, and 
IH.
* * * * *
    (10) ASTM International. Annual Book of ASTM Standards, Water, and 
Environmental Technology, Section 11, Volumes 11.01 and 11.02, 1994, 
1996, 1999, Volume 11.02, 2000, and individual standards published 
after 2000. Available from: ASTM International, 100 Barr Harbor Drive, 
P.O. Box C700, West Conshohocken, PA 19428-2959, or https://
www.astm.org. Tables IA, IB, IC, ID, IE, and IH.
* * * * *
    (11) USGS. 1989. U.S. Geological Survey Techniques of Water-
Resources Investigations, Book 5, Laboratory Analys