[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Rules and Regulations]
[Pages 10168-10174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4889]



[[Page 10167]]

_______________________________________________________________________

Part V





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 141



National Primary Drinking Water Regulations: Analytical Methods for 
Radionuclides; Final Rule and Proposed Rule

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

[[Page 10168]]



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, radium-228, 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 Sec. 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

[[Page 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

[[Page 10170]]

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

[[Page 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/<greek-m>g or 0.67 pCi/<greek-m>g. 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/<greek-m>g, 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 EPA-
approved 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 cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation 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.

[[Page 10172]]

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:


Sec. 141.25  Analytical methods for radioactivity.

    (a) Analysis for the following contaminants shall be conducted to 
determine compliance with Secs. 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 Sec. 141.27.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Reference (method or page number)                                                    
           Contaminant                Methodology     ------------------------------------------------------------------------------------------------------------------------------------------
                                                       EPA \1\       EPA \2\           EPA \3\           EPA \4\             SM \5\          ASTM \6\     USGS \7\     DOE \8\         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,       903.1  p 16              Ra-04             p 19              ...................   D 3454 -91    R-1141-76  ...........  N.Y.\9\       
                                   Radiochemical.        903.0  p 13              Ra-03                               304, 305, 7500-Ra B                                                       
  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......    908.0  ................  ................  ................  7500-U B...........    D 2907-91    R-1180-76         U-04                
                                  Fluorometric.......    908.1                                                        7500-U C (17th Ed.)                 R-1181-76                             
                                                                                                                                                          R-1182-76          U-2                

[[Page 10173]]

                                                                                                                                                                                                
                                  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              901.1  ................  ................  p 92              ...................    D 3649-91   R-1110 -76      4.5.2.3                
                                   spectrometry.                                                                                                                                                
    Radioactive iodine..........  Radiochemical......    902.0  p 6               ................  ................  7500-I B...........  ...........  ...........  ...........  ..............
                                                                p 9                                                                                                                             
                                  Gamma ray              901.1  ................  ................  p 92              7120 (19th Ed.)....    D 3649-91  ...........      4.5.2.3  ..............
                                   spectrometry.                                                                                             D 4785-88                                          
  Radioactive Strontium 89, 90..  Radiochemical......    905.0  p 29              Sr-04             p. 65             303, 7500-Sr B.....  ...........   R-1160 -76        Sr-01  ..............
  Tritium.......................  Liquid                 906.0  p 34              H-02              p. 87             306, 7500-3H B.....   D 4107 -91   R-1171 -76  ...........  ..............
                                   scintillation.                                                                                                                                               
  Gamma emitters................  Gamma ray..........    901.1  ................  ................  p 92              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 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/<greek-m>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.                                                                                                                                                

    3. Section 141.25 is amended by revising paragraph (a) effective 
May 5, 1997 to read as follows:


Sec. 141.25  Analytical Methods for Radioactivity.

    (a) Analysis for the following contaminants shall be conducted to 
determine compliance with Secs. 141.15 and 141.16 (radioactivity) in 
accordance with the methods in the following Table, or their equivalent 
determined by EPA in accordance with Sec. 141.27.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Reference (method or page number)                                                    
           Contaminant                Methodology     ------------------------------------------------------------------------------------------------------------------------------------------
                                                       EPA\1\      EPA\2\         EPA\3\         EPA\4\            SM\5\             ASTM\6\           USGS\7\          DOE\8\         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............  ................  ................  .............               

[[Page 10174]]

                                                                                                                                                                                                
    Radium 226..................  Radon emanation,...   903.1  p 16           Ra-04          p 19           7500-Ra C.........  D 3454-91         R-1141-76         Ra-05          N.Y.\9\      
                                  Radio chemical.....   903.0  p 13           Ra-03                         304, 305,.........  D 2460-90         R-1140-76                                     
                                                                                                            7500-Ra B.........                                                                  
    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\     
    Uranium\12\.................  Radio chemical.....   908.0  .............  .............  .............  7500-U B..........  ................  ................  .............  .............
                                  Fluorometric.......   908.1  .............  .............  .............  7500-U C (17th       D2907-91         R-1180-76         U-04           .............
                                                                                                             Ed.).                                R-1181-76                                     
                                  Alpha spectro metry  ......  .............  00-07          p33            7500-U C (18th or   D 3972-90         R-1182-76         U-02           .............
                                                                                                             19th Ed.).                                                                         
                                  Laser Phospho        ......  .............  .............  .............  ..................  D 5174-91         ................  .............  .............
                                   rimetry.                                                                                                                                                     
Man-made:                                                                                                                                                                                       
    Radioactive cesium..........  Radio chemical.....   901.0  p 4            .............  .............  7500-Cs B.........  D 2459-72         R-1111-76         .............  .............
                                  Gamma ray             901.1  .............  .............  p 92           7120 (19th Ed.)...  D 3649-91         R-1110-76         4.5.2.3        .............
                                   spectrometry.                                                                                                                                                
    Radioactive iodine..........  Radio chemical.....   902.0  p 6            .............  .............  7500-I B..........   D3649-91         ................  4.5.2.3        .............
                                                               p 9                                          7500-I C..........                                                                  
                                                                                                            7500-I D..........                                                                  
                                  Gamma ray             901.1  .............  .............  p 92           7120 (19th Ed.)...  D 4785-88         ................  4.5.2.3                     
                                   spectrometry.                                                                                                                                                
    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                906.0  p 34           H-02           p. 87          306, 7500-3H B....  D 4107-91         R-1171-76         .............  .............
                                   scintillation.                                                                                                                                               
  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.                                                                                                        
\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/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