10168 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 141

[WH–FRL–5689–9]

RIN 2040–AC88

National Primary Drinking Water

Regulations: Analytical Methods for

Radionuclides

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving the use of 66

additional analytical methods for

compliance with current radionuclide

drinking water standards and

monitoring requirements. The methods

are applicable to gross alpha, gross beta,

tritium, uranium, radium-226, radium228, gamma emitters, and radioactive

cesium, iodine and strontium. This rule

is expected to satisfy public requests for

approval of new analytical technologies

for measuring contaminants in drinking

water. This rule imposes no burden,

because it does not withdraw approval

of any previously approved method.

Today’s final rule follows the Proposed

Notice of Rulemaking for Radionuclides

in Drinking Water published on July 18,

1991. The 1991 rulemaking proposed to

approve analytical methods and

establish Maximum Contaminant Level

Goals (MCLGs) and National Primary

Drinking Water Regulations (NPDWRs)

for several radionuclides. Today’s final

rule is limited to the approval of

additional analytical methods. In

addition, since EPA received comments

suggesting approval of additional

methods during the comments period,

EPA is proceeding with direct final rule

making on 12 of the suggested methods.

EPA is inviting comments on these 12

methods elsewhere in today’s rule.

DATES: The effective date for

amendment 2 is April 4, 1997. The

effective date for amendment 3 is May

5, 1997 unless EPA receives adverse

comments by April 4, 1997 requiring a

response. If EPA receives adverse

comments, EPA will publish a timely

withdrawal of amendment 3.

The incorporation by reference of the

publications listed in this regulation is

approved by the Director of the Federal

Register as of April 4, 1997.

This regulation shall be considered

final Agency action on May 9, 1997 at

1:00 p.m. Eastern Standard Time for

purposes of judicial review in

accordance with 40 CFR 23.7.

ADDRESSES: Adverse comments on the

direct final rule must be submitted to

Chemistry Methods Docket Clerk, MC

4101, 401 M street, S.W., Washington,

D.C. 20460. Copies of the public

comments received, EPA responses, and

all other supporting documents

(including references included in this

notice) are available for review at the

U.S. Environmental Protection Agency,

Water Docket, 401 M Street, S.W.

Washington, D.C. 20460. For access to

the docket materials, call 202–260–3027

on Monday through Friday, excluding

Federal holidays, between 9:00 a.m. and

3:30 p.m. Eastern Time for an

appointment. Copies of methods

published by EPA are available for a

nominal cost through the National

Technical Information Service (NTIS),

U.S. Department of Commerce, 5285

Port Royal Road, Springfield, VA 22161.

NTIS also may be reached at 800–553–

6847. All other methods must be

obtained from the publisher. Sources

(with addresses) for all approved

methods are cited at 40 CFR Part 141

and in the References section of today’s

rule.

FOR FURTHER INFORMATION CONTACT:

Dr. Richard Reding, Office of Ground

Water and Drinking Water, U.S.

Environmental Protection Agency, 26

West Martin Luther King Drive,

Cincinnati, OH 45268, 513–569–7961;

Dr. Jitendra Saxena, Office of Ground

Water and Drinking Water (4603), U.S.

Environmental Protection Agency, 401

M Street, S.W., Washington, D.C. 20460,

202–260–9579; or one of the EPA

Regional Office contacts listed below.

General information may also be

obtained from the EPA Drinking Water

Hotline. Callers within the United States

may reach the Safe Drinking Water

Hotline at 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 information regarding

the methods contact Stephen Pia,

National Exposure Research Laboratory,

Office of Research and Development,

U.S. Environmental Protection Agency,

P.O. Box 93478, Las Vegas, NV 89193–

3478, 702–798–2102.

EPA Regional Offices:

I JFK Federal Bldg., One Congress

Street, 11th floor, Boston, MA 02203,

Phone: 617–565–3602, Jerry Healey

II 290 Broadway, 24th Floor, New

York, NY 10007, Phone: 212–637–

3880, Walter Andrews

III 841 Chestnut Building,

Philadelphia, PA 19107, Phone: 215–

597–6511, Victoria Binetti

IV 345 Courtland Street, N.E., Atlanta,

GA 30365, Phone: 404–347–2207,

Wayne Aronson

V 77 West Jackson Boulevard, Chicago,

IL 60604, Phone: 312–886–6206,

Charlene Denys

VI 1445 Ross Avenue, Suite 1200,

Dallas, TX 75202, Phone: 214–655–

7150, Oscar Cabra

VII 726 Minnesota Avenue, Kansas

City, KS 66101, Phone: 913–551–

7682, Robert Morby

VIII One Denver Place, 999 18th Street,

Suite 500, Denver, CO 80202, Phone:

303–293–1652, Patrick Crotty

IX 75 Hawthorne Street, San

Francisco, CA 94105, Phone: 415–

744–1817, Doris Betuel

X 1200 Sixth Avenue, Seattle, WA

98101, Phone: 206–553–1893, Larry

Worley.

SUPPLEMENTARY INFORMATION:

Regulated entities: Entities potentially

regulated by this action are listed below:

Category Example of regulated

entities

Public Water Systems All public water systems that have at

least 15 service

connections or regularly serve an average of at least 25

individuals daily at

least 60 days out of

the year.

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

the type 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

business is regulated by this action, you

should carefully examine the

applicability of the current radionuclide

drinking water standards and

monitoring requirements in § 141.15

and 141.16 of title 40 of the Code of

Federal Regulations. If you have

questions regarding the applicability of

this action to a particular entity, consult

the persons listed in the preceding FOR

FURTHER INFORMATION CONTACT section.

Table of Contents

I. Statutory Authority

II. Regulatory Background

III. Explanation of Today’s Action

IV. Response to Comments Received on the

Proposed Rule

V. Regulation Assessment Requirements

VI. References

I. Statutory Authority

The Safe Drinking Water Act (SDWA),

as amended in 1996, requires EPA to

promulgate national primary drinking

water regulations (NPDWRs) which
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 10169

specify maximum contaminant levels

(MCLs) or treatment techniques for

drinking water contaminants (42 USC

300g–1). NPDWRs apply to public water

systems (42 USC 300f(1)(A)). According

to section 1401(1)(D) of the Act,

NPDWRs include ‘‘criteria and

procedures to assure a supply of

drinking water which dependably

complies with such maximum

contaminant levels; including quality

control and testing procedures * * *.’’

In addition, Section 1445(a) of the Act

authorizes the Administrator to

establish regulations for monitoring to

assist in determining whether persons

are acting in compliance with the

requirements of the SDWA. EPA’s

promulgation of analytical methods is

authorized under these sections of the

SDWA as well as the general rulemaking

authority in SDWA Section 1450(a) (42

USC 300j–9(a)).

II. Regulatory Background

EPA has promulgated analytical

methods for all currently regulated

drinking water contaminants for which

MCLs or monitoring requirements have

been promulgated. In most cases, the

Agency has promulgated regulations

specifying (i.e., approving) use of more

than one analytical method for

measurement of a contaminant, and

laboratories may use any approved

method for determining compliance

with an MCL or monitoring

requirement. After any regulation is

published, EPA may amend the

regulations to approve additional

methods, or modifications to approved

methods, or withdraw methods that

become obsolete.

On July 18, 1991 (56 FR 33050), EPA

proposed to increase the number of

methods approved for radionuclide

monitoring by proposing the use of

several new methods. EPA believed that

these methods were as good as, or better

than, existing approved methods and

procedures. EPA also proposed drinking

water standards (NPDWRs and MCLGs)

and laboratory certification criteria for

several radionuclides, including radon.

EPA requested public comments on all

of these proposed actions. Today’s

notice takes final action only on the

approval of methods for gamma

emitters, gross alpha, gross beta,

radium-226, radium-228, uranium,

tritium and radioactive cesium, iodine,

and strontium. For the reasons

discussed below, revision of standards

for these radionuclides, and standards

and analytical methods for radon-222

may be addressed in a separate rule.

In 1995 EPA initiated a dialogue with

stakeholders to prioritize EPA drinking

water activities in order to maximize

health risk reduction. That dialogue

resulted in a draft report, published for

comment in November, 1995 (EPA

1995), proposing to reallocate EPA’s

resources to those projects which have

the highest risk reduction potential.

Assuring that analytical test methods for

determining compliance with existing

standards remained ‘‘up to date’’

received significant stakeholder

support. Therefore, in today’s rule, EPA

is approving some of the proposed

radionuclide methods. EPA is not taking

action on any radon analytical methods

or on any of the MCLGs or NPDWRs that

were proposed in the 1991 notice.

Schedule for rulemaking on radon and

other radionuclides is governed by the

1996 SDWA Amendments.

III. Explanation of Today’s Action

Today’s action promulgates analytical

methods for measurement of

radionuclides in drinking water based

on the 1991 proposal (54 methods) and

on the public comments received on the

1991 proposal (12 methods). This action

also corrects method citation and

typographical errors made in the 1991

proposal. EPA is not withdrawing any of

the 14 previously approved methods in

today’s action, which means the EPA

Methods, the Standard Methods (13th

edition) and ASTM methods that were

previously cited at 40 CFR 141.25(a) are

still approved and included in

amendments 2 and 3. Laboratories may

continue to use these 14 methods or

they may choose from a group of 66

methods approved in today’s rule. The

effective date for approval of the 54

methods based on the 1991 proposal is

April 4, 1997. The effective date for

approval of the 12 methods submitted as

public comments is May 5, 1997 (see

explanation below).

In the 1991 notice the Agency

proposed 56 new methods for

measuring radionuclides in drinking

water. The Agency is approving all but

two of these methods. The analytical

methods proposed were considered to

be economically and technologically

feasible for compliance monitoring. EPA

analyzed the most recent available

information and considered public

comments on the proposal in arriving at

the final selection of methods in the

table at 40 CFR 141.25(a). Method D–

1943–81 was proposed but is not

approved today for gross alpha

determinations because EPA realized

that the 500 pCi/L lower limit of the

method is too high to be of use for

drinking water analysis. A precipitation

method (Cs–01) for cesium was also

proposed but is not approved because

the method is no longer supported by its

developer, the U.S. Department of

Energy.

Twelve of the methods approved in

today’s rule using direct final

rulemaking, are based on the public

comments received on the 1991

proposal. Commenters submitted

several methods or techniques for

consideration for approval. EPA

evaluated and compared the sensitivity,

accuracy, precision and selectivity of

the suggested methods to the method

performance requirements at 40 CFR

141.25 and to the data in previously

approved methods. EPA also

determined whether the performance

data submitted by the commenter would

insure compliance with the

radionuclide MCLs and monitoring

requirements at 40 CFR 141.15, 141.16,

141.25 and 141.26. Based on this

evaluation EPA is approving twelve of

these methods all of which are

published, supported and extensively

peer reviewed by highly respected

method organizations. Of the twelve

methods, six are published by the

Standard Methods Committee, two by

the American Society for Testing and

Materials (ASTM), two by the U.S.

Geological Survey (USGS) and two by

the Department of Energy (DOE). Eleven

of these methods use technologies that

underlie methods that were proposed.

Only one method uses a technology that

was not proposed in the 1991 rule. This

new cost-saving technology, pulsed

laser phosphorimetry, was not proposed

because no validated method was

available at the time of proposal.

Approving these additional methods

will cause no burden because their use,

like use of all of the methods approved

in this rule, is optional.

The Agency is publishing the twelve

methods suggested by public comment

on the 1991 proposed rule as a ‘‘direct

final’’ rule. A direct final rule is not an

‘‘interim final’’ rule (i.e. a rule which

provides for public comment after it has

gone into effect); rather it is a rule

which is published with a delayed

effective date allowing for the receipt of

and response to public comment before

the rule goes into effect. If EPA receives

comments requiring response, then EPA

will take additional action necessary to

respond to those comments prior to the

effective date (i.e. either withdraw the

direct final rule or promulgate today’s

companion proposal). This rule thus

complies with notice-and-comment

requirements under the Administrative

Procedure Act (APA). EPA has chosen

to use the direct final approach for these

twelve methods because the Agency

does not expect to receive adverse

public comment and to allow for the

most expeditious implementation
10170 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations

possible consistent with the APA.

Elsewhere in today’s Federal Register,

EPA is proposing these twelve methods.

If EPA decides to withdraw any or all

of these methods based on public

comment, EPA will proceed with a

revised rule based on this proposal.

There will not be an additional

comment period, so parties interested in

commenting on the proposed rule

should do so at this time.

The methods approved based on

public comments and their analytes are:

a co-precipitation method for gross

alpha (7110C), two radon emanation

and two radiochemical methods for

radium-226 (7500–Ra C, Ra–05, D 2460–

90 and R–1140–76), an alpha

spectrometry and a laser

phosphorimetry method for uranium

(7500–U C and D 5174–91), one

radiochemical and one gamma

spectrometry method for cesium (R–

1111–76 and 7120), one radiochemical

and one gamma spectrometry method

for iodine (7500–I C and 7500–I D) and

a radiochemical method for strontium

(SR–02). EPA evaluated and selected

these methods using the same criteria

(sensitivity, accuracy, precision and

selectivity) that were used to select

methods for the 1991 proposal (56 FR

33092–33093). In the proposal EPA

stated that the ‘‘reliability of these

[proposed] methods has been

demonstrated by a history of many

years’ use by state, federal and private

laboratories’’. Most of the methods

approved in today’s rule have been

collaboratively validated in multi

laboratory studies and the remainder in

single laboratory studies.

Today’s rule also corrects method

citations and typographical errors made

in the 1991 proposal. EPA has clarified

the status of method 7500–U C to reflect

a change made by the publisher. In the

18th edition of Standard Methods

(1992), the fluorometric method 7500–U

C for determination of uranium was

dropped and the method number, 7500–

U C, was assigned to an alpha

spectrometry method for uranium. If the

Standard Methods version of the alpha

spectrometry method had been

published earlier, EPA would have

proposed it along with the four alpha

spectrometry and five fluorometric

methods for uranium that were

proposed in the 1991 rule (56 FR

33124). As EPA is interested in

approving both fluorometric and alpha

spectrometric methods for uranium, this

final rule approves method 7500–U C as

a fluorometric method in the 17th

edition of Standard Methods and as an

alpha spectrometry method in the 18th

and 19th editions of Standard Methods.

The method numbers in the 1991

proposal for a radiochemical iodine

method and a liquid scintillation

method were incorrect. These methods

are approved and correctly listed in

today’s rule as methods D 4785–93 and

D 4107–91. Other errors, which include

page number references in the ‘‘Interim

Radiochemical Methodology for

Drinking Water’’ manual (EPA 1976),

method numbers in the ‘‘EML

Procedures Manual’’ (DOE 1990) and in

the ‘‘Radiochemical Procedures

Manual’’ (EPA 1987), and the

publication date of the U.S. Geological

Survey (USGS) book, are also corrected

in today’s rule.

IV. Response to Comments Received on

the Proposed Rule

EPA received 160 analytical method

related comments on the 1991 proposed

rule. Commenters represented analytical

laboratories, water utilities, instrument

manufacturers, State and local

governments, and trade associations.

The majority of these comments dealt

with radon methods, laboratory

certification criteria and questions about

the applicability of the methods to the

proposed regulations. Only 27

comments were related to the methods

covered by today’s rule. Overall, public

comments strongly supported approval

of new and innovative methods for

compliance with current radionuclide

drinking water standards and

monitoring requirements. A summary of

major comments and the Agency’s

response to the issues raised are

presented in this section. The Agency’s

detailed response to these comments is

available in the public docket for this

rule (EPA 1996).

Several commenters submitted

radiochemical analytical methods or

techniques to EPA for consideration for

approval. EPA has approved 12 of the

suggested methods because EPA

believes they are as good as or better

than existing methods and procedures,

and have been extensively validated and

peer reviewed. EPA has not approved 7

methods because these methods were

not accompanied with the supporting

data that the Agency believes is

necessary for their evaluation.

Commenters recommended approval

of pulsed laser phosphorimetry for

analysis of uranium because it uses

modern technology that is easier to use

than the currently approved

fluorometric methods. EPA agrees with

this suggestion and as noted above, is

approving laser phosphorimetry method

D–5174–91. This method was published

by ASTM in 1992 and has been

validated to show that laser

phosphorimetry is as good as or better

than previously approved techniques,

such as fluorometry, for the analysis of

uranium in drinking water samples.

EPA believes that laboratories may

adopt the laser phosphorimetry method

because this technology can increase

hourly sample production to 15–20

samples as compared to 2–5 samples

using current fluorometric and alpha

spectrometric technologies.

EPA was asked to withdraw approval

of the fluorometric methods for

determination of uranium because the

methods are old and somewhat

cumbersome compared to laser

phosphorimetry. EPA disagrees that

fluorometric methods should be

withdrawn. Although these methods

were approved about twenty years ago,

they are not obsolete. These methods

provide acceptable results and they are

still used by many laboratories. It would

be costly, burdensome and unnecessary

to require laboratories to adopt to

another technique. The commenter did

not provide (and EPA does not have)

data to show that these methods have

become unacceptable for compliance

determinations of uranium.

In the 1991 notice EPA proposed to

replace americium-241 (Am–241) with

thorium-230 (Th–230) as the calibration

standard in gross alpha activity methods

because Am–241 ‘‘tended to bias

analytic results’’ (56 FR 33094).

Commenters agreed with EPA’s

proposal but recommended that EPA

also allow use of natural uranium (Unat)

as a calibration standard. They stated

that the alpha energies of both Unat and

Th–230 better approximate the alpha

energies of uranium and radium-226,

and both isotopes also better

approximate the attenuation of the

alpha particles caused by drinking water

dissolved solids. EPA agrees with the

comment and a footnote in the table of

approved methods at 40 CFR 141.25(a)

now approves use of either Unat or Th–

230 as calibration standards for gross

alpha analyses with co-precipitation

and evaporation methods. EPA believes

that Am–241 is only suitable for use

with co-precipitation methods.

Therefore, future revisions of the

evaporation methods may specify use of

only Unat and Th–230 as calibration

standards. One commenter asked where

to obtain standards of Th–230 for use

with the gross alpha methods. Th–230 is

readily available in a concentrated form

from commercial vendors.

In the 1991 proposal EPA solicited

comment on what conversion factor to

use with the approved methods that

measure uranium in mass units

(micrograms) rather than in activity

units (picocuries) (56 FR 33095).

Uranium is measured in activity units
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 10171

with radiochemical and alpha

spectrometry methods and in mass units

with fluorometric and laser

phosphorimetry methods. All of these

techniques are acceptable provided a

conversion factor is used to convert the

fluorometric or laser phosphorimetric

uranium result from micrograms to

picocuries. The factor is required

because the uranium contribution to the

gross alpha activity MCL of 15 pCi/L

must be evaluated in picocuries not

micrograms (40 CFR 141.15(b)).

This conversion factor is not specified

in the instructions in the approved

mass-type methods for uranium

determinations. In the 1991 proposal

EPA solicited comment on use of a

conversion factor of 1.38 pCi/μg or 0.67

pCi/μg. No public comments were

received with respect to what factor to

use to determine the activity

contribution of uranium to the current

gross alpha activity 15 pCi/L MCL. In

today’s rule the Agency is selecting the

lower conversion factor, 0.67 pCi/μg,

because it is a conservative factor that

is based on the 1:1 activity ratio of U–

234 to U–238 characteristic of naturally

occurring uranium.

Several commenters expressed

confusion and wanted clarification

about the approval status of methods

appearing in multiple editions of the

ASTM and Standard Methods

publications. As ASTM annually

reprints all of the methods contained in

the Annual Book of ASTM Methods,

even methods that have not been

editorially or technically revised, EPA

permits the use of any edition of the

ASTM book that contains the EPAapproved version of the compliance

method. EPA is also approving at this

time versions of the radionuclide

methods in Standard Methods for the

Examination of Water and Wastewater

that are in the 13th, 17th, 18th and 19th

editions of this publication. In the 1994

methods rule which covered chemistry

and microbiology methods (59 FR

62456), EPA approved only one version

of each compliance method that was

published in Standard Methods. EPA

approved only one version because later

versions generally contained

improvements in safety, quality

assurance or performance. EPA feels

that changes in the recent versions of

radionuclide methods have not been

significant enough to warrant

withdrawing the previous versions.

V. Regulation Assessment

Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735; October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlement, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this rule

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

B. Regulatory Flexibility Act

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b), the Administrator certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities. This rule

specifies additional analytical methods

that laboratories may choose to use in

lieu of existing approved methods for

compliance measurement of

radionuclides in drinking water. The

rule does not impose any new

requirements on small entities.

Monitoring requirements were

promulgated in earlier notices and are

unaffected by this rule. This rule merely

increases operational flexibility under

these existing monitoring requirements.

The rule may actually reduce the cost of

compliance monitoring for

radionuclides by allowing laboratories

to use equipment and procedures that

they may already own or have

developed. Therefore, the Agency

believes that this notice would have no

adverse effect on any number of small

entities.

C. 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, local,

and tribal 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 costeffective 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 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 notifying 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.

Today’s rule contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local, or tribal governments or the

private sector. Today’s rule approves

use of optional analytical methods and

thus provides operational flexibility to

laboratories conducting analysis for

radionuclides in drinking water. The

rule does not withdraw approval of any

previously approved methods. 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. The rule is highly

technical and narrow in scope, and the

sole objective of the rule is to increase

the number of methods approved for

measurement of radionuclides in

drinking water. Thus, the rule actually

provides regulatory relief in the form of

increased operational flexibility for

laboratory analysts.
10172 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations

D. Paperwork Reduction Act

The rule contains no reporting or

record keeping requirements and

consequently not subject to the

Paperwork Reduction Act, 44 U.S.C.

3501 et seq.

E. Science Advisory Board and National

Drinking Water Advisory Council, and

Secretary of Health and Human Services

In accordance with Section 1412(d)

and (e) of the SDWA, the Agency

consulted with the Science Advisory

Board, the National Drinking Water

Advisory Council, and the Secretary of

Health and Human Services for this

action. They had no comments..

F. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

VI. References

APHA. Thirteenth, seventeenth, eighteenth

and nineteenth editions of Standard

Methods for the Examination of Water

and Wastewater, 1971, 1989, 1992, 1995,

American Public Health Association,

1015 Fifteenth Street N.W., Washington,

D.C. 20005.

ASTM. Annual Book of ASTM Methods, Vol.

11.02, 1994. American Society for

Testing and Materials, 100 Barr Harbor

Drive, West Conshohocken, PA 19428.

DOE. ‘‘EML Procedures Manual’’, 27th

Edition, Volume 1,1990. Available at the

Environmental Measurements

Laboratory, U.S. Department of Energy

(DOE), 376 Hudson Street, New York,

NY 10014–3621.

EPA. 1976. ‘‘Interim Radiochemical

Methodology for Drinking Water’’, EPA

600/4–75–008 (revised), March 1976.

Available at U.S. Department of

Commerce, National Technical

Information Service (NTIS), 5285 Port

Royal Road, Springfield, VA 22161

(Telephone 800–553–6847), PB 253258

EPA. 1979. ‘‘Radiochemical Analytical

Procedures for Analysis of

Environmental Samples’’, March 1979,

NTIS EMSL LV 053917.

EPA. 1980. ‘‘Prescribed Procedures for

Measurement of Radioactivity in Water’’,

EPA 600/4–80–032, August 1980, NTIS

PB 80–224744.

EPA. 1987. ‘‘Radiochemistry Procedures

Manual’’, EPA 520/5–84–006, December

1987, NTIS PB 84–215581.

EPA. 1995. Drinking Water Program

Redirection Proposal, November 1995,

pages 8–11, U.S. Environmental

Protection Agency, Office of Water

Resource Center (RC–4100), 401 M.

Street S.W., Washington, D.C. 20460,

EPA 810 D–95–001.

EPA. 1996. ‘‘Response to Comments on

Radionuclide Methods on the July 18,

1991 (56 FR 33050) Radionuclides

Proposed Rule’’, Office of Water Docket

(MC 4101), 401 M. St. S.W., Washington,

D.C. 20460, July 1996.

NJ. ‘‘Determination of Radium-228 in

Drinking Water’’, August 1990, New

Jersey Department of Environmental

Protection, Division of Environmental

Quality, Bureau of Radiation and

Inorganic Analytical Services, 9 Ewing

Street, Trenton, NJ 08625.

NY. ‘‘Determination of Ra–226 and Ra–228

(Ra–02)’’, January 1980, Revised June

1982, Radiological Institute Center for

Laboratories and Research, New York

State Department of Health, Empire State

Plaza, Albany, NY 12201.

USGS. ‘‘Methods for Determination of

Radioactive Substances in Water and

Fluvial Sediments’’, Chapter A5 in Book

5 of Techniques of Water-Resources

Investigations of the United States

Geological Survey, 1977. Available at

U.S. Geological Survey (USGS),

Information Services, Box 25286, Federal

Center, Denver, CO 80225–0425.

List of Subjects in 40 CFR Part 141

Environmental protection, Analytical

Methods, Incorporation by reference,

Intergovernmental relations,

Monitoring, National Primary Drinking

water regulations, Radionoclides, Water

supply.

Dated: February 10, 1997

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, part 141 of title 40, Code of

Federal Regulations, are amended as

follows:

PART 141—NATIONAL PRIMARY

DRINKING WATER REGULATIONS

1. The authority citation for part 141

continues to read as follows:

Authority: 42 U.S.C. 300f, 300g–1, 300g–2

300g–3, 300g–4, 300g–5, 300g–6, 300j–4,

300j–9.

2. Section 141.25 is amended by

revising paragraph (a) effective April 4,

1997 to read as follows:

§ 141.25 Analytical methods for

radioactivity.

(a) Analysis for the following

contaminants shall be conducted to

determine compliance with §§ 141.15

and 141.16 (radioactivity) in accordance

with the methods in the following

Table, or their equivalent as determined

by EPA in accordance with § 141.27.

Contaminant Methodology

Reference (method or page number)

EPA1 EPA2 EPA3 EPA4 SM 5 ASTM 6 USGS7 DOE8 Other

Naturally occurring:

Gross alpha 11

and beta.

Evaporation.900.0 p 1 00–01 p 1 302, 7110

B.

.................... R–1120 –76 ....................

Gross alpha 11 Co-precipitation............. 00–02 ................. .................... .................... ....................

Radium 226 ... Radon

emanation,

Radiochemical.

903.1

903.0

p 16

p 13

Ra-04

Ra-03

p 19 .................

304, 305,

7500-

Ra B.

D 3454 –91 R–1141–76 .................... N.Y.9

Radium 228 ... Radiochemical.904.0 p 24 Ra-05 p 19 304,

7500-

Ra D.

.................... R–1142 –76 .................... N.Y.9

N. J.10

Uranium 12 .. Radiochemical.

Fluorometric.

908.0

908.1

7500-U B

7500-U C

(17th

Ed.).

D 2907–91 R–1180–76

R–1181–76

R–1182–76

U–04

U–2
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 10173

Contaminant Methodology

Reference (method or page number)

EPA1 EPA2 EPA3 EPA4 SM 5 ASTM 6 USGS7 DOE8 Other

Alpha

spectrometry.

............ 00–07 p 33 ................. D 3972–90 .................... ....................

Man-made:

Radioactive

cesium.

Radiochemical.901.0 p 4 7500-Cs B D 2459–72 .................... ....................

Gamma

ray

spectrometry.

901.1 p 92 ................. D 3649–91 R–1110 –76 4.5.2.3

Radioactive

iodine.

Radiochemical.902.0 p 6

p 9

7500-I B .. .................... .................... ....................

Gamma

ray

spectrometry.

901.1 p 92 7120

(19th

Ed.).

D 3649–91

D 4785–88

.................... 4.5.2.3

Radioactive

Strontium

89, 90.

Radiochemical.905.0 p 29 Sr-04 p. 65 303,

7500-Sr

B.

.................... R–1160 –76 Sr-01

Tritium ............ Liquid

scintillation.

906.0 p 34 H–02 p. 87 306,

7500–

3H B.

D 4107 –91 R–1171 –76 ....................

Gamma

emitters.

Gamma

ray.

901.1 p 92 7120

(19th

Ed.).

D 3649 –91 R–1110 –76 4.5.2.3

Spectrometry.902.0

901.0

7500-Cs B

7500-I B ..

D 4785 –88 .................... ....................

The procedures shall be done in accordance with the documents listed below. The incorporation by reference of documents 1 through 10 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 below. Information regarding obtaining these documents can be obtained from the Safe Drinking Water Hotline at

800–426–4791. Documents may be inspected at EPA’s Drinking Water Docket, 401 M Street, SW., Washington, DC 20460 (Telephone: 202–

260–3027); or at the Office of the FEDERAL REGISTER, 800 North Capitol Street, NW., Suite 700, Washington, DC.

1. ‘‘Prescribed Procedures for Measurement of Radioactivity in Drinking Water’’, EPA 600/4–80–032, August 1980. Available at U.S. Department of Commerce, National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161 (Telephone 800–553–6847),

PB 80–224744.

2. ‘‘Interim Radiochemical Methodology for Drinking Water’’, EPA 600/4–75–008 (revised), March 1976. Available at NTIS, ibid. PB 253258.

3. ‘‘Radiochemistry Procedures Manual’’, EPA 520/5–84–006, December 1987. Available at NTIS, ibid. PB 84–215581.

4. ‘‘Radiochemical Analytical Procedures for Analysis of Environmental Samples’’, March 1979. Available at NTIS, ibid. EMSL LV 053917.

5. ‘‘Standard Methods for the Examination of Water and Wastewater’’, 13th, 17th, 18th, 19th Editions, 1971, 1989, 1992, 1995. Available at

American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 20005 . All methods are in the 17th, 18th and 19th editions

except 7500-U C Fluorometric Uranium was discontinued after the 17th Edition, and 302, 303, 304, 305 and 306 are only in the 13th Edition.

6. Annual Book of ASTM Standards, Vol. 11.02, 1994. Available at American Society for Testing and Materials, 100 Barr Harbor Drive, West

Conshohocken, PA 19428.

7. ‘‘Methods for Determination of Radioactive Substances in Water and Fluvial Sediments’’, Chapter A5 in Book 5 of Techniques of Water-Resources Investigations of the United States Geological Survey, 1977. Available at U.S. Geological Survey (USGS) Information Services, Box

25286, Federal Center, Denver, CO 80225–0425.

8. ‘‘EML Procedures Manual’’, 27th Edition, Volume 1, 1990. Available at the Environmental Measurements Laboratory, U.S. Department of

Energy (DOE), 376 Hudson Street, New York, NY 10014–3621.

9. ‘‘Determination of Ra-226 and Ra-228 (Ra-02)’’, January 1980, Revised June 1982. Available at Radiological Sciences Institute Center for

Laboratories and Research, New York State Department of Health, Empire State Plaza, Albany, NY 12201.

10. ‘‘Determination of Radium 228 in Drinking Water’’, August 1980. Available at State of New Jersey, Department of Environmental Protection, Division of Environmental Quality, Bureau of Radiation and Inorganic Analytical Services, 9 Ewing Street, Trenton, NJ 08625.

11. Natural uranium and thorium-230 are approved as gross alpha calibration standards for gross alpha with co-precipitation and evaporation

methods; americium-241 is approved with co-precipitation methods.

12. If uranium (U) is determined by mass, a 0.67 pCi/μg of uranium conversion factor must be used. This conservative factor is based on the

1:1 activity ratio of U–234 to U–238 that is characteristic of naturally occurring uranium.

3. Section 141.25 is amended by

revising paragraph (a) effective May 5,

1997 to read as follows:

§ 141.25 Analytical Methods for

Radioactivity.

(a) Analysis for the following

contaminants shall be conducted to

determine compliance with §§ 141.15

and 141.16 (radioactivity) in accordance

with the methods in the following

Table, or their equivalent determined by

EPA in accordance with § 141.27.

Contaminant Methodology

Reference (method or page number)

EPA1 EPA2 EPA3 EPA4 SM5 ASTM6 USGS7 DOE8 Other

Naturally occurring:

Gross alpha 11

and beta.

Evaporation 900.0 p 1 00–01 p 1 302, 7110 B ..... R–1120–

76

Gross alpha 11 .. Co-precipitation........... 00–02 7110 C .............
10174 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations

Contaminant Methodology

Reference (method or page number)

EPA1 EPA2 EPA3 EPA4 SM5 ASTM6 USGS7 DOE8 Other

Radium 226 .. Radon emanation,.

Radio chemical.

903.1

903.0

p 16

p 13

Ra-04

Ra-03

p 19 7500-Ra C .......

304, 305, .........

7500-Ra B .......

D 3454–91

D 2460–90

R–1141–

76

R–1140–

76

Ra-05 N.Y.9

Radium 228 .. Radio chemical.904.0 p 24 Ra-05 p 19 304, 7500-Ra D R–1142–

76

N.Y.9

N.J.10

Uranium12 ..... Radio chemical.908.0 7500-U B .........

Fluorometric 908.1 7500-U C (17th

Ed.).

D2907-91 R-1180-76

R-1181-76

U-04

Alpha

spectro

metry.

.......... 00–07 p33 7500-U C (18th

or 19th Ed.).

D 3972–90 R-1182-76 U-02

Laser

Phospho

rimetry.

.......... .......................... D 5174–91

Man-made:

Radioactive

cesium.

Radio chemical.901.0 p 4 7500-Cs B ....... D 2459–72 R–1111–

76

Gamma ray

spectrometry.

901.1 p 92 7120 (19th Ed.) D 3649–91 R–1110–

76

4.5.2.3

Radioactive

iodine.

Radio chemical.902.0 p 6

p 9

7500-I B ...........

7500-I C ...........

7500-I D ...........

D3649-91 4.5.2.3

Gamma ray

spectrometry.

901.1 p 92 7120 (19th Ed.) D 4785–88 4.5.2.3

Radioactive

Strontium

89, 90.

Radio chemical.905.0 p 29 Sr-04 p. 65 303, 7500-Sr B R–1160–

76

Sr-01

Sr-02

Tritium ........... Liquid scintillation.906.0 p 34 H–02 p. 87 306, 7500–3H

B.

D 4107–91 R–1171–

76

Gamma emitters Gamma ray 901.1 p92 7120 (19th Ed.) D 3649–91 R–1110–

76

4.5.2.3

Spectrometry 902.0 7500-Cs B ....... D 4785–88

................. 901.0 7500-I B ...........

The procedures shall be done in accordance with the documents listed below. The incorporation by reference of documents 1 through 10 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 below. Information regarding obtaining these documents can be obtained from the Safe Drinking Water Hotline at

800–426–4791. Documents may be inspected at EPA’s Drinking Water Docket, 401 M Street, SW., Washington, DC 20460 (Telephone: 202–

260–3027); or at the Office of Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. 1 ‘‘Prescribed Procedures for Measurement of Radioactivity in Drinking Water’’, EPA 600/4–80–032 , August 1980. Available at U.S. Department of Commerce, National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161 (Telephone 800–553–6847),

PB 80–224744. 2 ‘‘Interim Radiochemical Methodology for Drinking Water’’, EPA 600/4–75–008(revised), March 1976. Available at NTIS, ibid. PB 253258.

3 ‘‘Radiochemistry Procedures Manual’’, EPA 520/5–84–006, December 1987. Available at NTIS, ibid. PB 84–215581.

4 ‘‘Radiochemical Analytical Procedures for Analysis of Environmental Samples’’, March 1979. Available at NTIS, ibid. EMSL LV 053917.

5 ‘‘Standard Methods for the Examination of Water and Wastewater’’, 13th, 17th, 18th, 19th Editions, 1971, 1989, 1992, 1995. Available at

American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 20005. All methods are in the 17th, 18th and 19th editions

except 7500-U C Fluorometric Uranium was discontinued after the 17th Edition, 7120 Gamma Emitters is only in the 19th Edition, and 302, 303,

304, 305 and 306 are only in the 13th Edition. 6Annual Book of ASTM Standards, Vol. 11.02, 1994. Available at American Society for Testing and Materials, 100 Barr Harbor Drive, West

Conshohocken, PA 19428. 7 ‘‘Methods for Determination of Radioactive Substances in Water and Fluvial Sediments’’, Chapter A5 in Book 5 of Techniques of Water-Resources Investigations of the United States Geological Survey, 1977. Available at U.S. Geological Survey (USGS) Information Services, Box

25286, Federal Center, Denver, CO 80225–0425. 8 ‘‘EML Procedures Manual’’, 27th Edition, Volume 1, 1990. Available at the Environmental Measurements Laboratory, U.S. Department of Energy (DOE), 376 Hudson Street, New York, NY 10014–3621. 9 ‘‘Determination of Ra-226 and Ra-228 (Ra-02)’’, January 1980, Revised June 1982. Available at Radiological Sciences Institute Center for

Laboratories and Research, New York State Department of Health, Empire State Plaza, Albany, NY 12201. 10 ‘‘Determination of Radium 228 in Drinking Water’’, August 1980. Available at State of New Jersey, Department of Environmental Protection,

Division of Environmental Quality, Bureau of Radiation and Inorganic Analytical Services, 9 Ewing Street, Trenton, NJ 08625. 11 Natural uranium and thorium-230 are approved as gross alpha calibration standards for gross alpha with co-precipitation and evaporation

methods; americium-241 is approved with co-precipitation methods. 12 If uranium (U) is determined by mass, a 0.67 pCi/g of uranium conversion factor must be used. This conservative factor is based on the 1:1

activity ratio of U–234 to U–238 that is characteristic of naturally occurring uranium.

* * * * *

[FR Doc. 97–4889 Filed 3–4–97; 8:45 am]

BILLING CODE 6560–50–P