[Federal Register: February 16, 2005 (Volume 70, Number 31)]
[Proposed Rules]
[Page 7909-7912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe05-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 136 and 141
[Docket Number OW-2003-0070; FRL-7873-3]
[RIN 2040-AD71]
Guidelines Establishing Test Procedures for the Analysis of
Pollutants Under the Clean Water Act; National Primary Drinking Water
Regulations; Notice of Data Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability.
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SUMMARY: On April 6, 2004, EPA proposed to approve a number of new
analytical methods for measuring pollutants in wastewater and drinking
water, and proposed to withdraw approval of Syngenta Method AG-625 for
determination of atrazine by immunoassay. Today's action announces the
availability of new data regarding these changes, and updates to three
proposed methods. EPA is soliciting comment only on the data and
methods updates cited in today's notice.
DATES: Comments must be postmarked, delivered by hand, or
electronically mailed on or before March 18, 2005. Comments provided
electronically will be considered timely if they are submitted
electronically by 11:59 p.m. Eastern Standard Time on March 18, 2005.
ADDRESSES: Comments may be submitted by mail to Water Docket, U.S.
Environmental Protection Agency (4101T), 1200 Pennsylvania Avenue, NW.,
Washington DC 20460, or electronically through EPA Dockets at http://www.epa.gov/edocket/
, Attention Docket ID No. OW-2003-0070. See
Subsection C of the SUPPLEMENTARY INFORMATION section for additional
ways to submit comments and more detailed instructions.
FOR FURTHER INFORMATION CONTACT: For information regarding the proposed
changes to wastewater methods, contact Marion Kelly, Engineering and
Analysis Division (4303T), USEPA Office of Science and Technology, 1200
Pennsylvania Ave., NW., Washington, DC 20460, (202) 566-1045 (e-mail:
Kelly.Marion@epa.gov). For information regarding the proposed changes
to
[[Page 7910]]
drinking water methods, contact Herbert J. Brass, Technical Support
Center (MC 140), USEPA, Office of Ground Water and Drinking Water, 26
West Martin Luther King Drive, Cincinnati, OH 45268, (513) 569-7936 (e-
mail: Brass.Herb@epa.gov).
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OW-2003-0070. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Water Docket in the EPA Docket Center, EPA West Building, Room
B102, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Water Docket is (202) 566-2426. For access to docket materials, please
call ahead to schedule an appointment. Every user is entitled to copy
93 pages per day before incurring a charge. The Docket may charge 15
cents per page for each page over the page limit plus an administrative
fee of $14.00.
2. Electronic Access. You may access this Federal Register document
electronically through the Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/. An electronic version of the
public docket is available through EPA's electronic public docket and
comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/
to submit or view public comments, access the
index listing of the contents of the official public docket, or to
access those documents in the public docket that are available
electronically. Once in the system, select ``search,'' then key in the
appropriate docket identification number.
Certain types of information will not be placed in EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the docket
facility identified in section B.1.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information for which
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in Docket ID No.
OW-2003-0070. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to:
OW-docket@epamail.epa.gov, Attention Docket ID No. OW-2003-0070. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in section B.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send an original and three copies of your comments to
Water Docket, U.S. Environmental Protection Agency (4101T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket ID No.
OW-2003-0070.
3. By Hand Delivery or Courier. Deliver your comments to the Water
Docket in the EPA Water Center, EPA West Building, Room B102, 1301
[[Page 7911]]
Constitution Avenue, NW., Washington, DC, Attention Docket ID No. OW-
2003-0070. Such deliveries are only accepted during the Docket's normal
hours of operation as identified in section A.1.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark on the
outside of the disk or CD ROM clearly that it does not contain CBI.
Information not marked as CBI will be included in the public docket and
EPA's electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you made.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period
deadline.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
II. Summary of New Information
On April 6, 2004, EPA proposed the approval of new methods for
National Pollutant Discharge Elimination System (NPDES) monitoring, and
National Primary Drinking Water Regulations (NPDWR) compliance
monitoring, at 40 CFR parts 136 and 141, respectively (69 FR 18166). In
this same proposal, EPA proposed to withdraw approval of Syngenta
Method AG-625 for determination of atrazine by immunoassay in drinking
water at 40 CFR part 141. Today, EPA is providing notice of additional
information and data regarding the proposal. EPA is also announcing
recent additions to the Docket regarding EPA evaluations of atrazine
immunoassay kits. Lastly, today's notice includes revised versions of
three methods that were proposed for approval. These versions are
similar to the proposed versions, but contain some changes to quality
control and procedural requirements.
EPA is soliciting comment only on the additional information and
data cited in this notice and the updated revisions of the proposed
methods described below. EPA is not requesting comment on other methods
or on other aspects of the April 6, 2004, proposal.
A. Available Data
EPA received additional analytical and cost data, references to
journal articles, and study reports regarding a number of the proposed
changes to analytical methods. EPA has placed this data and information
and other relevant information in the docket for this rule. Today's
notice solicits comment on these data and information.
1. NPDES Data
EPA received data and information on cyanide methods in comments
OW-2003-0070-234, 237, 272, 314, 315, and 319. After the close of the
comment period, EPA received additional data regarding the use of the
proposed MICRO DIST cyanide method in recovering particulate cyanide.
EPA has added these data to the docket as document numbers OW-2003-
0070-0351, 0352, 0353, and will consider them together with the data
received during the comment period.
EPA also received data and information regarding total Kjeldahl
nitrogen (TKN) analyses (OW-2003-0070-272, 327); mercury methods (OW-
2003-0070-246, 284, and 320); total suspended solids methods (OW-2003-
0070-226); Microtox (OW-2003-0070-260, 263, 265, 280, 292, 294, 297,
307, 311, 329); EPA Method 624 (OW-2003-0070-274); Waters Method D6508,
Rev. 2 (OW-2003-0070-300); updated versions of currently-approved EPA
Methods (OW-2003-0070-272, 288); and metals sampling methods (OW-2003-
0070-295).
2. NPDWR Data
Some of the data and information listed above regarding cyanide
methods (OW-2003-0070-234, 237, 272) and Waters Method D6508, Rev. 2
(OW-2003-0070-300) are also applicable to proposed NPDWR methods. EPA
also received data and information in comments regarding the withdrawal
of Syngenta Method AG-625 (OW-2003-0070-291, 317). After the close of
the comment period, EPA also received a pre-publication version of an
American Water Works Association (AWWA) journal article that evaluated
the performance of Syngenta AG-625 (OW-2003-0070-0355), correspondence
from AWWA and Syngenta (OW-2003-0070-0354, 357); data generated by Dr.
Craig Adams (under a project sponsored by AWWA) using atrazine test
kits, (OW-2003-0070-0347); and a final report from Syngenta regarding
Method AG-625 that contains data generated by using a modified atrazine
test kit, for the method, distributed by Beacon Analytical (OW-2003-
0070-356). An interim version of this final report was submitted during
the comment period for the April 2004 proposed rule.
In addition, EPA added a series of reports and summaries regarding
the evaluation of atrazine immunoassay test kits by EPA's Environmental
Technology Verification (ETV) Program. Kits that EPA evaluated include
the Abraxis, LLC Atrazine ELISA Kit (OW-2003-0070-0339,0343); Beacon
Analytical Systems, Inc. Atrazine Tube Kit (OW-2003-0070-0340, 0344);
Silver Lake Research, Corp. Watersafe[reg] Pesticide Kit (OW-2003-0070-
0342, 0346); and, Strategic Diagnostics RaPID Assay[reg] Kit (OW-2003-
0070-0341, 0345).
EPA will evaluate the above information relative to the Agency's
proposed withdrawal of Syngenta Method AG-625 and will assess the
effectiveness of the modified test kit (i.e., the effectiveness of that
kit in eliminating the method interference that prompted the proposed
withdrawal of Method AG-625). Based upon that evaluation, and based on
its review of comments pursuant to this notice, EPA may approve the use
of the alternative kit via the final rule. EPA invites comments on the
extent to which the new information supports the withdrawal of Method
AG-625 or the
[[Page 7912]]
approval of a modified method using the alternative kit.
B. Revised Methods
In the April 6, 2004, proposal, EPA proposed changes to approved
analytical methods for use in Clean Water Act and Safe Drinking Water
Act programs. The proposed changes included methods that employ new
technologies and updated versions of previously approved methods. Among
these changes, EPA proposed to approve a number of ASTM International
methods, including ASTM Method D6888-03 for determining available
cyanide in wastewater and drinking water, ASTM Method D5673-02 for
determining various metals in wastewater, and ASTM Method D4658-92 for
determining sulfide in wastewater. Since publication of the proposal,
EPA has received revised versions of these three methods and has added
them to the docket for public comment: (1) D6888-04 Standard Test
Method for Available Cyanide with Ligand Displacement and Flow
Injection Analysis (FIA) Utilizing Gas Diffusion Separation and
Amperometric Detection (an update of proposed version: D6888-03); (2)
D5673-03 Standard Test Method for Elements in Water by Inductively
Coupled Plasma--Mass Spectrometry (an update of proposed version:
D5673-02); and (3) D4658-03 Standard Test Method for Sulfide Ion in
Water (and update of proposed version: D4658-92(1996)). Method D6888-04
contains a new on-line sulfide removal procedure, and Methods D5673-03
and D4658-03 have added standardized quality control requirements and
criteria. The methods added to the Docket represent refinements to the
proposed versions, and are not significant variations of those
versions. EPA may promulgate some or all of these revised versions in a
final rule, and requests comment on each. These methods are included in
the docket at OW-2003-0070-0348, 0349, 0350), respectively, and may be
ordered from ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
West Conshohocken, PA 19428-2959, United States, or at http://www.astm.org
.
In the April 6, 2004 proposal, EPA proposed a method for the
measurement of Radium-226 and Radium-228 by Gamma Spectroscopy in
drinking water. This method has been modified in several ways and EPA
seeks comment on these modifications. The changes to the method include
the following: correction of minor typographical errors, minor
editorial changes such as the addition of chemical abstract numbers for
Radium-226 and Radium-228; the addition of a description of the dangers
regarding the use of diethyl ether; minor changes to the equations for
activity, detection limit, and uncertainty made as a result of public
comment; minor changes to the QC section of the method; the addition of
a description of ``mixed wastes'' (i.e., waste that contains both
hazardous waste and radioactive waste); and the addition of a reference
to ASTM added to describe Type 2 Reagent Water.
In the April 6, 2004 proposal, EPA concluded that the proposed rule
would not have a significant economic impact on a substantial number of
small entities (69 FR 18188). Adoption of the refinement to the three
methods for which EPA is requesting comment today would not change the
Agency's decision to certify the proposal under the Regulatory
Flexibility Act. In addition, as explained above, Methods D6888-04,
D5673-03 and D4658-03, like the earlier proposed versions of these
methods, represent methods from voluntary consensus standards bodies.
Section 12(d) of the National TechnoAdvancement Act
of 1995 directs EPA to use voluntary standards in its regulatory
activities as discussed in more detail in the proposal at 69 FR 18189-
18190.
Dated: February 9, 2005.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
[FR Doc. 05-2988 Filed 2-15-05; 8:45 am]
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