25430 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

6. Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 29, 1998.

Russell F. Price,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 98–12248 Filed 5–7–98; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 141 and 142

[WH–FRL–6011–9]

National Primary Drinking Water

Regulations: Disinfectants and

Disinfection Byproducts; Notice of

Data Availability: Notice of Re-Opening

of Comment Period and Public Meeting

AGENCY: U.S. Environmental Protection

Agency (USEPA).

ACTION: Notice of re-opening of

comment period and public meeting.

SUMMARY: This action provides notice of

re-opening of the comment period for

the National Primary Drinking Water

Regulations: Disinfectants and

Disinfection Byproducts Notice of Data

Availability published in the Federal

Register on March 31, 1998 (63 FR

15674). USEPA solicits comment on all

aspects of this Notice and the

supporting record. EPA also solicits

additional data and information that

may be relevant to the issues discussed

in the Notice. The comment period is

being re-opened for an additional 30

days due to the unanticipated interest

regarding the public health implications

of the information presented in the

Notice of Data Availability.

The Agency will hold a public

meeting on May 26, 1998, to discuss the

contents of the Notice. Additional

details regarding the meeting are

provided below.

DATES: The original comment period

ended April 30, 1998. The re-opened

comment period will end on June 8,

1998. Comments should be postmarked

or delivered by hand on or before June

8, 1998. Comments must be received or

post-marked by midnight June 8, 1998.

ADDRESSES: Send written comments to

DBP NODA Docket Clerk, Water Docket

(MC–4101); U.S. Environmental

Protection Agency; 401 M Street, SW;

Washington, DC 20460. Comments may

be hand-delivered to the Water Docket,

U.S. Environmental Protection Agency;

401 M Street, SW; East Tower Basement,

Washington, DC 20460. Comments may

be submitted electronically to owdocket@epamail.epa.gov.

As noted above, EPA is holding a

public meeting on May 26, 1998, from

9:00 a.m. to 4:00 p.m. to discuss the

contents of the Notice of Data

Availability. The public meeting will be

held at the office of Resolve at 1255

23rd Street, NW; Suite 275; Washington

DC 20037. In keeping with its open door

policy for meetings with the public EPA

is inviting all interested members of the

public to attend this meeting, with

seating on a first-come, first-served

basis. Interested persons who wish to

submit comments should do so in

writing during the 30-day public

comment period in the manner

described in the previous sections of

this Notice.

FOR FURTHER INFORMATION CONTACT: For

general information contact the Safe

Drinking Water Hotline, telephone (800)

426–4791. The Safe Drinking Water

Hotline is open Monday through Friday,

excluding Federal holidays, from 9:00

a.m. to 5:30 p.m. Eastern Time. For

technical inquiries, contact Dr. Vicki

Dellarco, Office of Science and

Technology (MC 4304), or Mike Cox,

Office of Ground Water and Drinking

Water (MC 4607), U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington DC 20460; telephone (202)

260–7336 (Dellarco) or (202) 260–1445

(Cox).

Dated: May 5, 1998.

Robert Perciasepe,

Assistant Administrator for Water.

[FR Doc. 98–12300 Filed 5–7–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 258, 260, 261, 264, 265,

266, 270, and 279

[FRL–6011–1]

Notice of Intent To Reform

Implementation of RCRA-Related

Methods and Monitoring and Notice of

Availability for Draft Update IVA of

SW–846

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of intent and request for

comment.

SUMMARY: The U.S. Environmental

Protection Agency is providing notice

of, and invites comment on, its intent to

reform implementation of RCRA-related

monitoring by formally adopting a

performance-based measurement system

(PBMS), by improving public outreach

and communication, and by improving

availability and distribution of the EPAapproved test methods manual ‘‘Test

Methods for Evaluating Solid Waste,

Physical/Chemical Methods’’, EPA

Publication SW–846. Implementation of

PBMS will include a proposal to change

certain RCRA regulations so that the

exclusive use of SW–846 methods will

no longer be required. EPA is also

announcing the availability of, and

requests comment on, ‘‘Draft Update

IVA’’ to the Third Edition of SW–846,

which contains new and revised

methods. EPA also requests comment on

deleting several individual methods and

integrating them into two

comprehensive methods, and removing

Chapter Eleven from SW–846.

DATES: The Agency is opening the

comment period for the limited purpose

of obtaining information and views on

the Agency’s notice to reform

implementation of RCRA-related

monitoring, as described in this

document, and on the methods and

chapters of Draft Update IVA. Written

comments must be submitted by June

22, 1998.

ADDRESSES: Commenters must send an

original and two copies of their

comments referencing docket number

F–98–4TMA–FFFFF to: RCRA

Information Center (RIC), Office of Solid

Waste (5305G), U.S. Environmental

Protection Agency Headquarters (EPA,

HQ), 401 M Street, S.W., Washington,

DC 20460. Courier deliveries of

comments should be submitted to the

RIC at the address listed below.

Comments may also be submitted

electronically through the Internet to:

RCRA-docket@epamail.epa.gov.
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules 25431

Comments in electronic format should

also be identified by the docket number

F–98–4TMA–FFFFF. Submit electronic

comments as an ASCII file and avoid the

use of special characters and any form

of encryption. If possible, EPA’s Office

of Solid Waste (OSW) would also like to

receive an additional copy of the

comments on disk in Wordperfect 6.1

file format.

Commenters should not submit

electronically any confidential business

information (CBI). An original and two

copies of the CBI must be submitted

under separate cover to: Regina Magbie,

RCRA CBI Document Control Officer,

Office of Solid Waste (5305W), U.S.

EPA, 401 M Street, S.W., Washington,

DC 20460.

Public comments and supporting

materials are available for viewing in

the RIC, located at Crystal Gateway One,

1235 Jefferson Davis Highway, First

Floor, Arlington, Virginia. The RIC is

open from 9 a.m. to 4 p.m., Monday

through Friday, except for Federal

holidays. To review docket materials,

the public must make an appointment

by calling 703–603–9230. The public

may copy a maximum of 100 pages from

any regulatory docket at no charge.

Additional copies cost $0.15 per page.

The docket index and notice are

available electronically. See the

‘‘Supplementary Information’’ section

for information on accessing it.

Copies of Draft Update IVA and of the

Third Edition of SW–846, as amended

by Updates I, II, IIA, IIB, and III, are

available from the Superintendent of

Documents, Government Printing Office

(GPO), Washington, DC 20402, (202)

512–1800. The GPO document number

for Draft Update IVA is 055–000–00593–

1. Copies of the Third Edition integrated

manual and its updates (including Draft

Update IVA) are also available from the

National Technical Information Service

(NTIS), 5285 Port Royal Road,

Springfield, VA 22161, (800) 553–NTIS

(553–6847). The NTIS order number for

Draft Update IVA is PB–98–111750.

In addition, a CD–ROM version of

SW–846, Third Edition, as amended by

Updates I through III, is available from

NTIS. A CD–ROM of Draft Update IV is

expected to be published in 1998.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA

Hotline at 800–424–9346 or TDD 800–

553–7672 (hearing impaired). In the

Washington, DC, metropolitan area, call

703–412–9810 or TDD 703–412–3323.

For information on specific aspects of

this document or the Update IVA

methods, contact the Methods

Information Communication Exchange

(MICE) Service at 703–821–4690, e-mail

address: mice@lan828.ehsg.saic.com; or

contact Kim Kirkland, Office of Solid

Waste (5307W), U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, DC 20460, 703–308–8855,

e-mail address:

kirkland.kim@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

The docket index and the notice are

available on the Internet.

Follow these instructions to access

the information electronically:

From the World Wide Web (WWW),

type WWW: http://www.epa.gov/

epaoswer/hazwaste/test/index.htm

Table of Contents

I. Background

II. Notice of Agency Intent to Reform

Implementation of RCRA-related

Monitoring

A. Adoption of PBMS in the RCRA

Program

B. Removing the Required Uses of SW–846

Methods from the RCRA Regulations

C. Changing the Approach for Releasing

SW–846 Updates and Changing the

Approach for Method Evaluation

D. Improving SW–846 Availability to the

Public

E. Improving Public Outreach and

Communication Regarding SW–846 and

RCRA-related Monitoring

III. Availability of Draft Update IVA and

Invitation for Public Comment

IV. Basis for Making Draft Update IVA

Available and Agency Plans for

Finalizing the Update

V. Request for Comment on the Removal of

Chapter Eleven from SW–846

I. Background

The EPA Publication SW–846, ‘‘Test

Methods for Evaluating Solid Waste,

Physical/Chemical Methods,’’ contains

the analytical and test methods that EPA

has evaluated and found to be among

those acceptable for monitoring

conducted in support of subtitle C of the

Resource Conservation and Recovery

Act (RCRA), as amended. Use of some

of these methods is required by some of

the hazardous waste regulations under

subtitle C of RCRA. In other situations,

SW–846 functions as a guidance

document setting forth acceptable,

although not required, methods to be

implemented by the user, as

appropriate, to satisfy RCRA-related

sampling and analysis requirements. All

of these methods are intended to

promote accuracy, sensitivity,

specificity, precision, and comparability

of analyses and test results.

SW–846 is a document that changes

over time as new information and data

are developed. Advances in analytical

instrumentation and techniques are

continually reviewed by the Agency’s

Office of Solid Waste (OSW) and

periodically incorporated into SW–846

as updates to support changes in the

regulatory program and to improve

method performance and cost

effectiveness. To date, EPA has finalized

Updates I, II, IIA, IIB, and III to the SW–

846 manual, and the updated and fully

integrated manual contains

approximately 3500 pages.

II. Notice of Agency Intent to Reform

Implementation of RCRA-Related

Monitoring

EPA is actively working to implement

the President’s program for reinventing

government and reforming regulatory

policy. In order to meet goals related to

this important effort, EPA is considering

reform of the implementation of

monitoring under the RCRA Program.

The goals include the timely and

efficient promotion and approval of

monitoring technologies, increased

flexibility regarding regulatory

compliance (i.e., flexibility in analytical

method selection), and improvements in

public communication (e.g., to educate

the public regarding new efforts and to

dispel any misconceptions regarding the

use of SW–846).

The following subsections provide

notice of and describe actions to be

undertaken by EPA in an effort to meet

the aforementioned goals.

A. Adoption of PBMS in the RCRA

Program

On October 6, 1997, EPA published a

Notice of Intent, notifying the public of

the Agency’s plans to implement

performance-based measurement

systems (PBMS) for environmental

monitoring in all of its media programs

to the extent feasible (see 62 FR 52098).

Some members of the regulated

community and Congress have

suggested that EPA needs to change the

way it specifies monitoring

requirements in regulations and

permits, in a manner which allows more

flexibility and promotes the use of new

technologies. EPA supports this position

and is committed to incorporating the

PBMS approach in media monitoring, to

the extent feasible, including

monitoring conducted in support of

RCRA.

Basically, PBMS conveys ‘‘what’’

needs to be accomplished, but not

prescriptively ‘‘how’’ to do it. EPA

defines PBMS as a set of processes

wherein the data quality needs,

mandates or limitations of a program or

project are specified, and serve as

criteria for selecting appropriate

methods to meet those needs in a costeffective manner. Under a performancebased approach, the regulating entity

will specify questions to be answered by

the monitoring process, the decisions to
25432 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules

be supported by the data, the level of

uncertainty acceptable for making the

decisions, and the documentation to be

generated to support the PBMS

approach in the RCRA Program. The

criteria may be published in regulations,

technical guidance documents, permits,

work plans, or enforcement orders. Data

producers will demonstrate that a

proposed sampling and analytical

approach meets the monitoring criteria

specified in the Quality Assurance

Project Plans or Sampling and Analysis

Plans for the individual projects or

applications.

EPA believes that the PBMS approach

will provide many benefits to both

regulators and the regulated community

when conducting monitoring for

compliance with the RCRA regulations

or for general information gathering.

The benefits include flexibility in

method selection, expedited approval of

new and emerging technologies to meet

monitoring requirements, and the

development and use of cost-effective

methods. Where PBMS is implemented,

the regulated community will be able to

select an appropriate analytical method

for use in complying with EPA’s RCRA

regulations, including any method not

found in EPA-published method

manuals that is both cost-effective and

meets the data quality objectives of the

particular project for which it is being

used.

It is EPA’s intent that implementation

of PBMS have the overall effect of both

improving data quality and encouraging

the advancement of analytical

technologies. Therefore, EPA has been

working at breaking down barriers to

using new and innovative monitoring

techniques, including requirements to

use specific measurement methods or

technologies when complying with

some of the RCRA regulations. As part

of EPA’s efforts to implement PBMS,

and thus reform monitoring under the

RCRA Program, the following actions

are planned:

—Incorporating the PBMS philosophy

into new regulations.

—Establishing data quality and

performance requirements for RCRArequired monitoring and including the

requirements in the RCRA regulations,

as necessary, to assist the regulated

community in method selection and

help assure successful PBMS

implementation.

—Developing new sampling and testing

methodologies which are compatible

with the PBMS approach and

encouraging use of those methods.

—Working with other regulating entities

to help assure that the regulated

community benefits from the flexibility

of the PBMS approach at all regulating

levels of the RCRA Program, when

practical and feasible.

—Fostering training and guidance to

educate regulators and the regulated

community regarding the flexibility of

PBMS, the inherent flexibility of SW–

846, and application of PBMS during

RCRA-related monitoring.

—Removing some of the required uses

for SW–846 methods from the RCRA

regulations, where the Agency believes

these requirements are not necessary (in

order to facilitate PBMS

implementation), and thus removing

regulatory barriers to the use of new and

innovative technologies for RCRArelated monitoring.

The Agency is interested in comments

regarding PBMS implementation within

the RCRA Program. In particular, EPA is

interested in receiving public comment

in response to the following questions:

1. Will EPA’s implementation of

PBMS provide adequate flexibility in

method selection and facilitate the use

of new technologies?

2. What Agency actions during the

process of changing to PBMS within the

RCRA Program would particularly

assure a smooth transition (including

actions related to public notice and the

training of affected parties)?

3. What are the perceived technical

and programmatic barriers to effective

PBMS implementation in the RCRA

Program and what Agency actions might

be effective in removing these barriers?

4. What might be the economic

impact (additional costs and cost

savings) on the regulated community

and other entities (e.g., small

businesses) as a result of PBMS

implementation in the RCRA Program?

5. What concerns exist regarding

establishment of the data quality and

performance requirements for RCRArequired monitoring that are necessary

to adequately assist the regulated

community in method selection and

assure successful PBMS

implementation?

6. How might the Agency best work

with other regulating entities (e.g.,

states) to maximize the regulated

community’s benefits from the

flexibility provided by the PBMS

approach?

7. What concerns exist regarding the

impact of PBMS implementation on

state programs?

8. What concerns exist regarding the

potential effect of PBMS on compliance

monitoring and enforcement of RCRArelated regulatory and statutory

requirements? What might be the

positive or negative impacts of PBMS on

compliance monitoring and

enforcement, including regarding

facility inspections?

9. What might be the environmental

benefits that may be achieved through

implementation of PBMS within the

RCRA program?

B. Removing the Required Uses of SW–

846 Methods From the RCRA

Regulations

As noted in the previous section, EPA

intends to implement PBMS to the

extent feasible for RCRA-related

monitoring. One barrier to successful

PBMS implementation is the current

requirement to use specific

measurement methods or technologies

in complying with regulations. Some

RCRA regulations require the use of

specific SW–846 methods or SW–846 in

general. As explained below, EPA

believes that some of these regulatory

restrictions on methods may no longer

be necessary and run counter to EPA’s

intent to adopt PBMS for RCRA-related

monitoring.

Several of the regulations require the

use of specific SW–846 methods for

defining the particular regulatory

parameters. Such requirements are

referred to as ‘‘method-defined

parameters.’’ For example, 40 CFR

261.24(a) requires the use of SW–846

Method 1311, the Toxicity

Characteristic Leaching Procedure, to

determine if a waste exhibits the

toxicity characteristic. In those cases,

the method itself is the regulation and

a method change or substitution cannot

be accomplished without undermining

the substantive requirement

demonstrated by the method. These

required uses of SW–846 methods are

necessary.

Several other RCRA regulations

require the use of SW–846 methods

where those methods do not define the

particular regulatory parameter. Most

required uses of SW–846 methods fall

under this category. An example is 40

CFR 260.22(d)(1)(I), which currently

requires the use of only SW–846

methods in support of a petition to

amend part 261 to exclude (‘‘delist’’) a

waste listed with code ‘‘T’’ in subpart D

of 40 CFR part 261. EPA believes that

these types of required uses of SW–846

methods may not be necessary.

As a result of the requirements to use

SW–846 methods, all final SW–846

updates must be issued by rulemaking.

This often delays the availability of

needed new or revised methods. In

addition, requiring the use of SW–846

methods discourages or impedes the use

of new and innovative methods which

are both cost-effective and capable of

meeting data quality objectives.

Therefore, EPA is considering

publishing in the near future a proposal

in the Federal Register to remove
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules 25433

required uses of SW–846 methods from

the RCRA subtitle C regulations for all

purposes other than the determination

of method-defined parameters. The

Agency would take this action as part of

its efforts to implement PBMS for

RCRA-related monitoring. This action

would also remove the need to engage

in rulemaking for every SW–846 update

and would allow the updates to be

issued as revisions to a guidance

document, which was what SW–846

was originally intended to be. This

action should promote the timely

incorporation of new and innovative

technologies into the RCRA Program.

The Agency is interested in receiving

comments at this time regarding its plan

to remove certain required uses of SW–

846 methods from the RCRA

regulations, as described above. In

particular, EPA is interested in public

comment in response to the following

questions:

1. Are any of the required uses of SW–

846 methods in the RCRA regulations

for other than method-defined

parameters necessary?

2. What might be the economic

impact on the regulated community and

other entities (e.g., small businesses) as

a direct result of the removal of certain

required uses of SW–846 methods?

3. What concerns exist regarding

implementation and enforcement of the

allowed use of ‘‘other appropriate

methods’’ in lieu of a specific SW–846

method for RCRA-related monitoring?

4. What concerns exist regarding the

impact on state RCRA programs of the

removal of certain required uses of SW–

846 methods from the Federal RCRA

regulations?

C. Changing the Approach for Releasing

SW–846 Updates and Changing the

Method Evaluation Process

Assuming that the rule to remove the

required use of most SW–846 methods

is finalized, as described in the previous

section, EPA is considering the use of

rulemaking only for those updates to

SW–846 which include methods used

for method-defined parameters.

Rulemakings for those method updates

will remain necessary because the

required uses of those methods will

remain in the RCRA regulations. All

other SW–846 updates will be finalized

more efficiently as guidance, such as by

releasing a draft SW–846 update in

conjunction with publication of a

Federal Register document with an

invitation for public comment before

finalizing the update. The Agency may

also use other means of update release

and public notification to assure that

reliable, innovative methods are

provided to the regulated community in

a timely and cost-effective manner.

At a minimum, future procedures for

releasing new SW–846 methods will

include a critical method evaluation

process, in order to continue to assure

the publication of reliable methods for

the RCRA Program. Peer input and

review, internal and external, are

already in place within the RCRA

monitoring program to ensure that its

products (e.g., new SW–846 methods)

are based upon the best current

knowledge from science and judged

credible by those who deal with the

products. Currently, the Agency

receives peer input regarding any

method considered for inclusion in SW–

846 from an internal technical work

group composed of national expert-level

chemists and sometimes external

experts, as required based on the

necessary expertise. To augment this

process, the Agency is considering an

approach whereby additional relevant

experts from outside the program are

invited to evaluate new methods,

through peer review or another advisory

process. Such reviewers or advisors

might include both internal (from

within EPA) or external (outside EPA)

peers of the program staff. The new

process is expected to include a critical

evaluation of a final new method, before

its release, whereby formal comments

are submitted and a review record

created and maintained.

The Agency is interested in comments

regarding possible alternative

approaches to SW–846 update releases,

if, as mentioned above, the rule to

remove certain required uses of SW–846

methods is finalized. Specifically:

1. Should EPA continue to solicit

public comments on SW–846 methods?

Should the Agency use more timely

means of releasing updates other than

Federal Register documents and under

what circumstances would such

procedures be preferred or necessary?

2. What future mechanism should be

used to assure adequate and quality

review of methods? How could EPA best

make use of peer review or another

advisory process in the development of

guidance and methods for RCRA-related

monitoring?

D. Improving SW–846 Availability to the

Public

In order to further promote the

availability of RCRA-related monitoring

technologies, EPA is considering an

SW–846 distribution approach which

offers more choices to the public for

obtaining SW–846 methods. For most of

the history of SW–846, the public

received paper copies of SW–846

through a subscription service with the

Government Printing Office (GPO), or

the public purchased paper copies of

any portion of the manual at any time

through the National Technical

Information Service (NTIS).

In response to requests for electronic

versions of the SW–846 methods, EPA

published in 1996 a CD–ROM version of

the manual for sale from NTIS. EPA and

NTIS recently completed Version 2 of

the SW–846 CD–ROM, which includes

the manual as revised through Update

III. The SW–846 CD uses Adobe Acrobat

Reader with Search, supplied with the

CD, to view the SW–846 methods and

chapters. As explained below, EPA is

also planning to offer all of the SW–846

methods and chapters on the Internet,

without the Adobe Acrobat search

feature.

The Internet is another means used

today by EPA to distribute documents

electronically to the general public. EPA

has established a policy of placing

official rulemakings and related

background documents in support of the

rulemakings on the Internet. The public

has expressed an interest in receiving

SW–846 documents for free on the

Internet, and in response EPA has

decided to make SW–846 available on

the Internet in the near future. SW–846

is very large, both in number of

documents and electronic file size

(several methods contain many

imported diagrams and flow charts).

EPA is interested in determining

whether the downloading of the entire

manual from the Internet will be too

timely or otherwise impractical or

difficult for most Internet users. If the

Agency determines that having the

current SW–846 on the Internet

provides a valuable service to the

public, then EPA will make subsequent

SW–846 updates, and other relevant

testing protocols and documents,

available on the Internet.

EPA is requesting comment on the

effectiveness of the above means to

distribute SW–846. The Agency is also

interested in other ideas for making

SW–846 methods more available. The

Agency understands that making SW–

846 available on the Internet without

cost may alleviate the need to purchase

paper versions of the manual.

E. Improving Public Outreach and

Communication Regarding SW–846 and

RCRA-Related Monitoring

The Agency currently uses many

different means (e.g., Federal Register

documents, training, and symposia) to

inform the public of important activities

within its programs. EPA is considering

an approach which both maintains and

supplements these means of public

communication in a manner that
25434 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules

improves public outreach and

communication regarding SW–846 and

RCRA-related monitoring. EPA believes

that improving public outreach will

promote public preparedness and

understanding regarding the reforms

discussed in sections II.A through II.C.

The Agency also believes that improved

outreach efforts will help dispel any

misconceptions regarding SW–846 and

RCRA-related monitoring. The

paragraphs to follow describe some of

the communication and outreach efforts

which the Agency is considering

maintaining or expanding. EPA is

interested in public comment regarding

these efforts and suggestions for other

means to improve public outreach and

education.

The Agency remains open to the

needs and interests of environmental

laboratories and the regulated

community and is interested in

receiving comment on those needs and

interests. Specifically, EPA wants to

facilitate communication and work

directly with the laboratories and the

regulated community regarding the

application of SW–846 methods. The

Agency hopes that this increase in

communication will both assure the

correct interpretation of SW–846

methods and facilitate the resolution of

any problems with method application.

For example, EPA is currently working

with the International Association of

Environmental Testing Laboratories

(IAETL) Section of the American

Council of Independent Laboratories

(ACIL) regarding the application of

certain SW–846, Update III methods.

EPA also intends to continue to work

with outside organizations or

individuals in developing new methods

for inclusion in SW–846. EPA

developed and currently maintains a

variety of partnerships with many

sectors of the environmental analytical

community (such as other Federal

Agencies, private industry, State

agencies, Consensus Standard

Organizations, and academic

institutions) to develop various

analytical techniques for SW–846 such

as microwave digestion, immunoassay,

and field portable XRF methods, to

name a few. For example, EPA is

currently working with the private

sector in the development of additional

SW–846 screening methods for organic

analytes.

As part of its efforts to increase the

role of the scientific community in the

implementation of monitoring under the

RCRA and Comprehensive

Environmental Response,

Compensation, and Liability Act

(CERCLA) Programs, EPA joined in a

partnership with the American

Chemical Society to annually sponsor

the Waste Testing and Quality

Assurance (WTQA) Symposium. The

symposium was initiated in 1985 as part

of EPA’s efforts to foster a partnership

among EPA, the regulated community,

the public, State regulatory agencies,

and other members of the RCRA and

CERCLA monitoring community.

Attendees have an opportunity at the

symposium to share new monitoring

approaches and technologies and to

contribute to discussions regarding

regulatory issues and initiatives. The

WTQA currently has three goals: (1) to

serve as a forum for all interested parties

to work together to solve RCRA and

CERCLA environmental monitoring and

waste characterization problems in a

cost-effective manner, (2) to give State

regulatory agencies and the public

timely information about EPA activities

that might affect their programs, and (3)

to permit the members of the monitoring

community an opportunity to exchange

information and experiences in using

both existing and new monitoring

methods and approaches. Thus, the

WTQA Symposium has always served

as an effective means to educate the

public and regulators regarding the

inherent flexibility of SW–846 methods

and to foster new technology

development. It has also always served

as an effective forum for feedback

regarding successes and failures during

monitoring and to disseminate

knowledge regarding new and modified

approaches and their performance in the

real-world.

The Agency will continue to annually

sponsor the WTQA Symposium. The

WTQA Symposium will be held this

year (1998) on July 13 through 15 at the

Marriott Crystal Gateway in Arlington,

Virginia. This year’s symposium will

focus on PBMS implementation and its

potential impact on the regulated

community and testing laboratories.

EPA plans to hold issue workshops on

PBMS and perhaps regarding other

reforms to RCRA-related monitoring.

Attendees will also learn about the

newest laboratory methods associated

with environmental monitoring and

quality assurance/quality control (QA/

QC), and about how changes regarding

monitoring conducted in support of

EPA’s programs will affect their

operations.

The Methods Information

Communication Exchange (MICE)

Service, or ‘‘Hotline,’’ is another

existing means that the Agency uses to

communicate with the public regarding

RCRA-related monitoring. The MICE

Service provides timely answers to

method-related questions and takes

comments via the telephone, fax, or email. Chemists, ground-water

specialists, and sampling experts who

are knowledgeable in SW–846

procedures are directly available

through the MICE Service to the public

and regulators involved in RCRA-related

monitoring. People interested in using

the MICE Service call a voice mail

answering service that is available 24

hours per day, 7 days a week. The caller

can listen to several recorded messages

on common SW–846 topics and

subsequently leave a message

containing a question regarding an SW–

846 method or related topic. The

messages are retrieved each working day

and, after a review of the questions and

any necessary research, the MICE

Service provides a response.

The MICE Service also acts as an

effective means to educate members of

the public directly regarding inherent

method flexibility and to clarify

whether a method is required by a

RCRA regulation. The service therefore

can be used in the future to help assure

the proper application of SW–846

methods from a PBMS standpoint. The

MICE Service also documents existing

misconceptions or issues regarding SW–

846 methods, and thus serves as a first

step in identification and resolution of

some issues. Because of its unique and

immediate means of public outreach

and education, EPA will continue to

sponsor the MICE Service. Instructions

regarding contacting the MICE Service

can be found under the section of this

document entitled FOR FURTHER

INFORMATION CONTACT.

The Agency also authors articles for

publication in professional periodicals

as a means to educate the public and

regulators regarding news-worthy

topics. The staff of EPA’s Office of Solid

Waste (OSW) frequently contribute

articles to environmental magazines and

journals regarding SW–846 and other

topics related to monitoring in support

of RCRA regulations. The articles

educate and inform the public regarding

new analytical or sampling

methodologies, SW–846 and the

regulatory process, the inherent

flexibility of SW–846 methods, and the

status of various updates to SW–846.

EPA will continue to use magazine

and journal articles as a means to help

dispel misconceptions by regulators and

the regulated community regarding SW–

846 flexibility and to clarify EPA’s

policy on method flexibility and PBMS.

OSW has submitted articles which

educate the public regarding the

implementation of PBMS. Specifically,

an article in ‘‘Environmental Lab’’ by

two staff members of the Methods Team

of OSW included two PBMS-related

sections entitled ‘‘Method Flexibility
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules 25435

and the Performance-Based

Measurement System (PBMS)’’ and

‘‘Method Flexibility and PBMS

Initiatives.’’ Other publications to which

OSW submits articles include the bimonthly ‘‘Environmental Testing and

Analysis,’’ which includes a new EPAOSW Methods Update feature, and the

bi-weekly ‘‘Environmental Laboratory

Washington Report.’’

As another means to provide timely

communications to interested parties,

EPA presently lectures and conducts

presentations in both this country and

abroad regarding innovative analytical

technologies, new analytical strategies

and issues regarding RCRA-related

monitoring. EPA also provides training

courses regarding monitoring under the

RCRA Program. The training course

entitled ‘‘Analytical Strategy for the

RCRA Program: A Performance-Based

Approach’’ is currently taught by OSW

staff to Regional, State and symposium

(e.g., WTQA) audiences with the intent

to clarify the monitoring flexibility

allowed by SW–846 methods and the

RCRA regulations and to promote and

explain PBMS. Basically, the training

course explains: (1) the regulatory

aspects of RCRA analyses; (2) the role of

SW–846, its organization and method

format, and its correct application for

RCRA-related monitoring; and (3) the

factors to be considered in the selection

of appropriate analytical methods,

especially within the context of a PBMS

approach.

EPA is considering increasing the

availability of Agency-sponsored

training, lectures, and presentations to

the public, Regions, and States

regarding SW–846 and other topics,

such as PBMS, related to monitoring

conducted in support of RCRA

regulations. EPA is also planning to

provide training regarding the

implementation of PBMS to the Regions

and other affected entities. In the future,

EPA hopes to provide RCRA-related

training to the regulated community

both in person and via video or satellite

broadcast.

Finally, EPA intends to use press

releases and/or memoranda to announce

time-sensitive milestones related to

SW–846 and monitoring under the

RCRA Program. For example, EPA is

issuing a press release to announce the

availability of Draft Update IVA of SW–

846, referring the readers to this

document. In addition, assuming the

rule to remove certain required uses of

SW–846 methods from the RCRA

regulations is finalized (see section II.B

above), the Agency is considering the

use of workshops, peer review panels,

and/or public meetings as mechanisms

for disseminating information regarding

new and revised SW–846 methods and

chapters.

The Agency is interested in comments

from the public on all of the above

means (e.g, the WTQA Symposium,

MICE Service, the use of journal articles,

and training courses) for improving

public outreach and communication

regarding RCRA-related methods and

monitoring. For example, the Agency is

interested in whether the public

believes the WTQA Symposium would

benefit from merging with other EPA

programs, and is also interested in

suggestions for improving the WTQA

Symposium. EPA would like comments

regarding increasing the effectiveness

and availability of RCRA-related

information and training for the public,

such as through video or satellite

broadcast as mentioned above.

III. Availability of Draft Update IVA

and Invitation for Public Comment

This document also announces the

availability of Draft Update IVA to SW–

846 and invites public comment on its

content. EPA is publishing this

document for informational purposes

only, and is not at this time formally

proposing to revise SW–846 by adding

Update IVA or to incorporate the update

in the RCRA regulations for required

uses. Therefore, this document will not

be used as a basis for a final rule to

update SW–846 or revise any regulation.

EPA is attempting to make these

Agency-reviewed methods available to

the public early, for guidance purposes

(i.e., the methods can be used in all

applications for which the use of SW–

846 methods is not mandatory and for

which they are effective). In addition, as

noted in section II above and explained

further at the end of this section, if the

rule to remove certain requirements to

use SW–846 methods is finalized, the

Agency will not have to finalize certain

SW–846 updates (including Draft

Update IVA) through the rulemaking

process.

The Draft Update IVA methods have

passed EPA’s Technical Workgroup

review, but have not been promulgated

for inclusion in SW–846 and the RCRA

regulations. As noted in section II of this

document, several regulations under

subtitle C of RCRA currently require

that certain SW–846 methods be

employed. Any reliable analytical

method may be used to meet other

requirements in 40 CFR parts 260

through 270. The methods listed in

Draft Update IVA fall in the category of

‘‘any reliable method.’’ They may

currently be used in all applications for

which the use of SW–846 methods is

not mandatory. The methods of Draft

Update IVA, however, cannot be used

for compliance with required uses of

SW-846 methods. The Agency also

cautions the regulated community to

obtain permission from the appropriate

regulating entity, if required under State

or local regulations, before using these

methods for non-mandatory

applications.

Table 1 provides a listing of the

fifteen revised SW–846 methods and

five revised chapters or other SW–846

documents found in Draft Update IVA.

Table 1 also identifies those parts of

each method or chapters on which the

Agency is interested in receiving public

comment. EPA is interested in

comments from the public on the

identified parts because some or all of

their text represents significant

revisions from the promulgated version

of the document currently in SW–846,

as amended by Updates I through III.

(Note: Unless otherwise indicated as former

sections, the section numbers in Table 1 refer

to the section numbers in the Draft Update

IVA version of the method.)

Significant revisions include text

deletions, additions, or other revisions

that change a method’s procedure or the

intent or meaning of the text. Significant

revisions do not include typographical

or grammatical corrections, table

reformatting (where the information is

not changed), logical outgrowths of

other revisions (e.g., the renumbering of

sections to account for the addition of

a new section), or other edits that are

not substantive changes to text intent or

the analytical procedure (e.g., the

replacement of ‘‘Teflon’’’ with ‘‘PTFE’’).

Nonsignificant revisions also include

the movement of otherwise unchanged

information to another appropriate

location in the method. For example,

the order of some of the equipment

listed in section 4.0 of Method 8321B is

different from that found in section 4.0

of Method 8321A; however, much of the

equipment itself has not changed.

Therefore, Table 1 lists only those parts

of section 4.0 of Method 8321B which

have been significantly revised (e.g.,

new equipment specifications). The

Agency will, however, consider

comments on the reordering of

otherwise unchanged information in the

revised methods of Update IVA.

Table 2 provides a listing of the

thirteen new SW–846 methods found in

Draft Update IVA. Since these are new

methods, EPA is interested in comments

on the content of all sections or parts of

the new methods.

Finally, Table 3 identifies the fortyfour methods to be integrated or deleted

from SW–846 as part of Draft Update

IVA. All but one of these methods are

individual flame or graphite furnace
25436 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules

atomic absorption methods. The

exception is Method 3810,

‘‘Headspace’’, an obsolete headspace

screening method which has been

replaced by Method 5021, ‘‘Volatile

Organic Compounds in Soils and Other

Solid Matrices Using Equilibrium

Headspace Analysis.’’ The Agency

expects to delete Method 3810 because

it is no longer needed in SW–846

because Method 5021 was recently

added to SW–846 as part of Final

Update III. Method 5021 can be used for

both quantitative analysis and screening

applications.

The individual atomic absorption

methods are being deleted as part of

Draft Update IVA because their

inclusion is redundant given that their

procedures and target analytes have

been fully integrated into revised

Method 7000B (see Table 1) or new

Method 7010 (see Table 2), the general

methods for the techniques. The Agency

is interested in comments on these

method integrations and deletions. As

mentioned earlier in section II of this

notice, several regulations under

subtitle C of RCRA currently require

that certain SW–846 methods be

employed. Therefore, the methods

contained in Draft Update IVA, cannot

be used for compliance with required

uses of SW–846 methods and remain in

effect until the rule to remove the

required use of SW–846 methods has

been promulgated.

TABLE 1.—REVISED METHODS AND CHAPTERS

Method No. Method or chapter title Sections or parts open for comment

Table of Contents ......................................................................... All parts.

Chapter Two ................................................................................. All parts.

Chapter Three .............................................................................. All parts.

Chapter Four ................................................................................ All parts.

Chapter Five ................................................................................. All parts.

3015A ........ Microwave Assisted Acid Digestion of Aqueous Samples and

Extracts.

All parts.

3051A ........ Microwave Assisted Acid Digestion of Sediments, Sludges,

Soils, and Oils.

All parts.

3535A ........ Solid-Phase Extraction (SPE) ...................................................... All parts.

3545A ........ Pressurized Fluid Extraction (PE) ................................................ 1.1–1.4; 2.1; 2.2; 3.3; 5.3.4; 5.4.2; 5.4.3; 5.5.4; 5.5.6; 7.1.1;

7.1.3; 7.1.5; 7.1.6; 7.3; 7.5; 7.8.2; 7.9; 8.4; 9.4; 10.

6020A ........ Inductively Coupled Plasma—Mass Spectrometry ...................... All parts.

7000B ........ Flame Atomic Absorption Spectrophotometry .............................. All parts.

7471B ........ Mercury in Solid or Semisolid Waste (Manual Cold-Vapor Technique).7.1.

8081B ........ Organochlorine Pesticides by Gas Chromatography ................... 1.10; 2.2; 7.1; 7.3.1.2; 7.7.2; 7.7.3; 7.9.2; 7.10.2; 9.1; 9.5–9.8;

10; Tables 12, 15, and 16; removal of former sec. 7.7.6.

8082A ........ Polychlorinated Biphenyls (PCBs) by Gas Chromatography ....... 2.2; 2.3; 6.2; 7.1.1; 7.1.2; 7.4.1; 7.4.2; 7.4.3.1–7.4.3.3; 7.4.8;

7.4.9; 7.6.10; 7.9.2; 7.10.2; 8.3.1; 8.3.2; 9.5; 9.5.1–9.5.3; 9.6;

10; Tables 11–16; removal of former secs. 7.10.4, 7.10.5,

8.3.1.1 and 8.3.1.2.

8141B ........ Organophosphorus Compounds by Gas Chromatography .......... 1.1; 1.4; 2.1–2.3; 3.5; 5.1; 7.1; 7.1.1; 7.1.2; 7.2.2; 7.2.3; 7.5.1;

7.8; 7.8.3; 7.8.4; 7.8.1-7.8.3; 8.1–8.3; 8.3.1-8.3.3; 8.4; 8.4.1–

8.4.6; 8.5; 8.6; 9.3; 9.4; 10; Table 4; Tables 11–14; removal

of former secs. 8.3.3.1, 8.3.3.1.1-8.3.3.1.5, 8.3.3.2, and 8.7,

and 8.7.1-8.7.5.

8270D ........ Semivolatile Organic Compounds by Gas Chromatography/

Mass Spectrometry (GC/MS).

1.1; 1.2; 1.4.7; 7.3.6; 7.5.4; 7.5.4.1; 7.5.4.2; 9.8; 9.9; 10; Tables

16, 17, and 18.

8280B ........ Polychlorinated Dibenzo-p-Dioxins and Polychlorinated

Dibenzofurans by High Resolution Gas Chroma-tography/Low

Resolution Mass Spectrometry (HRGC/LRMS).

2.3.1; 2.3.2; 7.0; 7.3.6; 7.4.6; 7.5.4.4; 10; Table 1 (footnote).

8290A ........ Polychlorinated Dibenzo-dioxins (PCDDs) and Poly-chlorinated

Dibenzofurans (PCDFs) by High-Resolution Gas Chromatography/High-Resolution Mass Spectrometry (HRGC/HRMS).

1.1; 2.3; 4.2; 4.2.1; 4.2.2; 4.3.21; 5.2.7; 5.4; 5.5; 5.6; 5.8; 6.4;

6.6; 6.7.1; 7.1; 7.1.1; 7.4.1.4; 7.4.2.2; 7.4.3.6; 7.4.5.3; 7.4.6.1;

7.4.6.5; 7.5.1; 7.5.1.4; 7.5.3.1–7.5.3.6; 7.7.1.4.3; 7.7.1.4.4;

7.7.4.4; 7.8.3; 7.8.4.3.1; 7.9.3; 7.9.5.2; 7.9.6; 8.3.1; 8.3.3;

9.1–9.6; 10; Table 7; Tables 12–17; Figures 1–6; removal of

former secs. 5.6.1, 5.6.2, and 8.3.4.2.1.

8321B ........ Solvent-Extractable Nonvolatile Compounds by High Performance Liquid Chromatography/Thermo-spray/Mass Spectrometry (HPLC/TS/MS) or Ultraviolet (UV) Detection.1.1; 1.2; 1.4; 1.5; 2.1.3; 2.1.4; 2.2.1; 2.2.3; 3.3; 3.4.2–3.4.5;

4.1.2; 4.1.3.2; 4.3; 4.3.1; 4.6.1–4.6.4; 4.7; 4.8; 4.10; 4.19; 5.8;

5.9; 5.11; 5.12; 5.16; 7.1; 7.1.3; 7.2.1.6; 7.3; 7.5.2.1; 7.5.2.2;

7.5.3.2; 7.6.1; 7.6.3; 7.7; 7.8.2.1; 7.8.2.2; 7.8.2.5; 7.8.3; 7.9;

7.9.1; 7.9.4; 7.10.2; 7.10.3; 7.11.1; 9.4; 10; Table 18; removal

of former secs. 7.5.2.8, 8.2.4, 9.2, 9.2.1, and 9.2.2; removal

of former Tables 3, 10, 13, 14, 17, 18, and 19.

8330A ........ Nitroaromatics and Nitramines by High Performance Liquid

Chromatography (HPLC).

1.2; 2.3; 4.2.4; 7.1; 7.1.3; 7.3.2; 7.3.3; 7.4.2; 8.1; 8.2; 8.3; 8.4;

8.4.1–8.4.4; 8.5; 8.6; 9.7–9.9; 10; Table 2 (footnote), Tables

9–11; removal of former secs. 4.4 and 4.4.1.
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules 25437

TABLE 2.—NEW METHODS

Method

No. Method title

3562 ..... Supercritical Fluid Extraction of

Polychlorinated Biphenyls

(PCBs) and Organochlorine

Pesticides.

4500 ..... Mercury in Soil by Immunoassay.

4670 ..... Triazine Herbicides as Atrazine in

Water by Quantitative

Immunoassay.

6200 ..... Field Portable X-Ray Fluorescence

Spectrometry for the Determination of Elemental Concentrations

in Soil and Sediment.

6500 ..... Dissolved Inorganic Anions in

Aqueous Matrices by Capillary

Ion Electrophoresis.

6800 ..... Elemental and Speciated Isotope

Dilution Mass Spectrometry.

7010 ..... Graphite Furnace Atomic Absorption Spectrophotometry.

7473 ..... Mercury in Solids and Solutions by

Thermal Decomposition, Amalgamation, and Atomic Absorption Spectrophotometry.

7474 ..... Mercury in Sediment and Tissue

Samples by Atomic Fluorescence Spectrometry.

9000 ..... Determination of Water in Waste

Materials by Karl Fischer Titration.

9001 ..... Determination of Water in Waste

Materials by Quantitative Calcium Hydride Reaction.

9074 ..... Turbidimetric Screening Method

for Total Recoverable Petroleum

Hydrocarbons in Soil.

9216 ..... Potentiometric Determination of Nitrite in Aqueous Samples with

Ion-selective Electrode.

TABLE 3.—DELETED METHODS

Method

No. Method title

3810a .... Headspace.

7020b .... Aluminum (Atomic Absorption, Direct Aspiration).

7040b .... Antimony (Atomic Absorption, Direct Aspiration).

7041 ... Antimony (Atomic Absorption, Furnace Technique).

7060A Arsenic (Atomic Absorption, Furnace Technique).

7080Ab Barium (Atomic Absorption, Direct

Aspiration).

7081 ... Barium (Atomic Absorption, Furnace Technique).

7090b .... Beryllium (Atomic Absorption, Direct Aspiration).

7091 ... Beryllium (Atomic Absorption, Furnace Technique).

7130b .... Cadmium (Atomic Absorption, Direct Aspiration).

7131A Cadmium (Atomic Absorption, Furnace Technique).

7140b .... Calcium (Atomic Absorption, Direct

Aspiration).

7190b .... Chromium (Atomic Absorption, Direct Aspiration).

TABLE 3.—DELETED METHODS—

Continued

Method

No. Method title

7191 ... Chromium (Atomic Absorption,

Furnace Technique).

7200b .... Cobalt (Atomic Absorption, Direct

Aspiration).

7201 ... Cobalt (Atomic Absorption, Furnace Technique).

7210b .... Copper (Atomic Absorption, Direct

Aspiration).

7211 ... Copper (Atomic Absorption, Furnace Technique).

7380b .... Iron (Atomic Absorption, Direct Aspiration).

7381 ... Iron (Atomic Absorption, Furnace

Technique).

7420b .... Lead (Atomic Absorption, Direct

Aspiration).

7421 ... Lead (Atomic Absorption, Furnace

Technique).

7430b .... Lithium (Atomic Absorption, Direct

Aspiration).

7450b .... Magnesium (Atomic Absorption,

Direct Aspiration).

7460b .... Manganese (Atomic Absorption,

Direct Aspiration).

7461 ... Manganese (Atomic Absorption,

Furnace Technique).

7480b .... Molybdenum (Atomic Absorption,

Direct Aspiration).

7481 ... Molybdenum (Atomic Absorption,

Furnace Technique).

7520b .... Nickel (Atomic Absorption, Direct

Aspiration).

7521 ... Nickel (Atomic Absorption, Furnace Method).

7550b .... Osmium (Atomic Absorption, Direct Aspiration).

7610b .... Potassium (Atomic Absorption, Direct Aspiration).

7740 ... Selenium (Atomic Absorption, Furnace Technique).

7760Ab Silver (Atomic Absorption, Direct

Aspiration).

7761 ... Silver (Atomic Absorption, Furnace

Technique).

7770b .... Sodium (Atomic Absorption, Direct

Aspiration).

7780b .... Strontium (Atomic Absorption, Direct Aspiration).

7840b .... Thallium (Atomic Absorption, Direct Aspiration).

7841 ... Thallium (Atomic Absorption, Furnace Technique).

7870b .... Tin (Atomic Absorption, Direct Aspiration).

7910b .... Vanadium (Atomic Absorption, Direct Aspiration).

7911 ... Vanadium (Atomic Absorption,

Furnace Technique).

7950b .... Zinc (Atomic Absorption, Direct

Aspiration).

7951 ... Zinc (Atomic Absorption, Furnace

Technique).

a—Replaced by Method 5021

b—Integrated into Method 7000B

 -Integrated into Method 7010

IV. Basis for Making Draft Update IVA

Available and Agency Plans for

Finalizing the Update

For previous updates to SW–846, EPA

published a notice of proposed

rulemaking in the Federal Register,

requested public comment, and

subsequently published a notice of final

rulemaking. This process was necessary

because, as noted above, the use of some

of these methods is required by some of

the hazardous waste regulations under

subtitle C of RCRA. However, for Draft

Update IVA, EPA is initially publishing

a document of its availability and

inviting public comment on the Agencyreviewed methods and chapters.

EPA believes that Draft Update IVA

will be valuable to the public as

guidance, and thus has taken today’s

action to expedite its availability,

instead of delaying distribution of this

update to coincide with publication of

a notice of proposed rulemaking. EPA

believes this approach will allow

introduction of Draft Update IVA

methods to the public in a more timely

manner than the proposal process,

without compromising the method

review and approval process. EPA also

believes this approach will allow greater

flexibility in the use of guidance

methods, for Regional, State, and local

agencies as well as industry; and will

allow the regulated community an

opportunity to participate early in the

method review process with the

submittal of comments on the draft

methods. The Agency will consider all

comments received on Draft Update

IVA.

As noted in section II of this

document, the methods in SW-846 are

currently required by some of the RCRA

regulations. As also explained in section

II, EPA is planning to formally propose

in the Federal Register the removal

from the RCRA regulations certain

requirements to use SW–846 methods.

The Agency notes that none of the

methods in Draft Update IVA are

required for use in defining the

hazardous waste characteristics. EPA

expects that the methods and chapters

of Draft Update IVA will remain in their

current Agency-reviewed form until the

SW–846 deregulatory rule is finalized.

EPA hopes to then revise Draft Update

IVA, as appropriate, in response to

public comment and plans to publish a

document of availability in the Federal

Register for the final update. The

publication of a proposed and final rule

in the Federal Register for Update IVA

will not be necessary once the

deregulatory rule has been finalized.

Should the SW–846 deregulatory rule be

proposed but not finalized in a timely
25438 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules

manner and should EPA determine that

promulgated versions of the Update IVA

methods are needed for compliance

purposes, EPA will publish a notice of

proposed rulemaking and a final

rulemaking for the update.

V. Request for Comment on the

Removal of Chapter Eleven From SW–

846

The hazardous waste management

regulations for permitted facilities (40

CFR 264) were promulgated in July 1982

under subtitle C of the Solid Waste

Disposal Act, as amended by the

Resource Conservation and Recovery

Act (RCRA) of 1976, and the Hazardous

and Solid Waste Amendments of 1984

(HSWA). Subpart F under these

regulations, Releases From Solid Waste

Management Units, sets forth

performance standards for ground-water

monitoring systems at permitted

hazardous waste land disposal facilities.

A manual was prepared by the Office of

Solid Waste to provide guidance for

implementing the ground-water

monitoring regulations for regulated

units contained in 40 CFR 264, subpart

F, and the permitting standards of 40

CFR 270. In 1986, EPA released two

documents relating to RCRA groundwater monitoring, specifically the

‘‘RCRA Groundwater Monitoring

Technical Enforcement Guidance’’

(TEG) and Chapter Eleven of SW–846,

entitled ‘‘Groundwater Monitoring.’’ In

November 1992, the Agency’s

Groundwater Monitoring Program

revised the technical procedures for

TSDF compliance with ground-water

monitoring requirements and

documented the procedures in a 1992

document entitled ‘‘RCRA Groundwater

Monitoring Draft Technical Guidance.’’

However, the 1986 version of Chapter

Eleven of SW–846 was not updated at

that time in conjunction with the 1992

ground-water monitoring guidance, and

thus the chapter remains out of date. At

the present time, most of the regulated

community is using the ground-water

monitoring guidance issued in 1992 as

the standard for RCRA ground-water

monitoring compliance. Therefore, EPA

would like to remove the outdated

Chapter Eleven of SW–846, and replace

it with a referral to the most current

version of the ground-water monitoring

guidance originally issued by the Office

of Solid Waste in 1992. The Agency is

requesting comment on this approach.

EPA is currently updating the November

1992 ground-water monitoring

guidance. However, Chapter 11 will

remain in SW–846 until the rule to

remove the required use of SW–846 has

been finalized.

Dated: April 24, 1998.

Matthew Hale,

Acting Director, Office of Solid Waste.

[FR Doc. 98–12309 Filed 5–7–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 204, 208, 213, 216, 217,

219, 223, 225, 237, 242, 246, 247, and

253

[DFARS Case 97–D306]

Defense Federal Acquisition

Regulation Supplement; Simplified

Acquisition Procedures

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comments.

SUMMARY: The Director of Defense

Procurement is proposing to amend

Defense Federal Acquisition Regulation

Supplement (DFARS) guidance on

simplified acquisition procedures for

consistency with the reorganization of

simplified acquisition procedures in the

Federal Acquisition Regulation (FAR),

and for consistency with FAR

amendments that implemented

provisions of the Federal Acquisition

Streamlining Act of 1994.

DATES: Comments on the proposed rule

should be submitted in writing to the

address shown below on or before July

7, 1998, to be considered in the

formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Susan L. Schneider, PDUSD (A&T)

DP (DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telefax number (703) 602–0350 Please

cite DFARS Case 97–D306 in all

correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:

Susan Schneider, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed rule revised DFARS

Part 213 to conform to the revision of

FAR Part 13 that was published as Item

IV of Federal Acquisition Circular 97–03

on December 9, 1997 (62 FR 64916). The

rule also amends other parts of the

DFARS for consistency with FAR

amendments that implemented

provisions of the Federal Acquisition

Streamlining Act of 1994 (Public Law

103–355) pertaining to simplified

acquisition procedures (e.g.,

replacement of the term ‘‘small

purchase’’ with the term ‘‘simplified

acquisition’’). The FAR amendments

were published as Item III of Federal

Acquisition Circular 90–29 (60 FR

34741, July 3, 1995) and Item II of

Federal Acquisition Circular 90–40 (61

FR 39189, July 26, 1996).

B. Regulatory Flexibility Act

The proposed rule is not expected to

have a significant economic impact on

a substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq.,

because the rule primarily consists of

conforming DFARS amendments and

internal Government procedures to

implement existing FAR guidance

pertaining to purchases at or below the

simplified acquisition threshold. An

Initial Regulatory Flexibility Analysis

has therefore not been performed.

Comments are invited from small

businesses and other interested parties.

Comments from small entities

concerning the affected DFARS subparts

also will be considered in accordance

with 5 U.S.C. 610. Such comments

should be submitted separately and

should cite DFARS Case 97–D306 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed rule

does not impose any information

collection requirements that require

Office of Management and Budget

approval under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 204,

208, 213, 216, 217, 219, 223, 225, 237,

242, 246, 247, and 253

Government procurement.

Michele Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 204, 208, 213,

216, 217, 219, 223, 225, 237, 242, 246,

247, and 253 are proposed to be

amended as follows:

1. The authority citation for 48 CFR

Parts 204, 208, 213, 216, 217, 219, 223,

225, 237, 242, 246, 247, and 253

continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 204—ADMINISTRATIVE

MATTERS

2. Section 204.670–2 is amended by

revising paragraph (c) to read as follows:

204.670–2 Reportable contracting actions.

* * * * *

(c) Summarize on the monthly DD

Form 1057, in accordance with the

instruction in 253.204–71(a)(3),

contracting actions that support a