3088 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Rules and Regulations

records from certain provisions of the

Privacy Act. The system of records is

identified as S100.10 GC, entitled

Whistleblower Complaint and

Investigation Files.

The exemption is intended to increase

the value of the system of records for

law enforcement purposes; to comply

with prohibitions against the disclosure

of certain kinds of information; and to

protect the privacy of individuals

identified in the system of records.

EFFECTIVE DATE: December 15, 1994.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Christensen, 703–617–7583.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Director, Administration and

Management, Office of the Secretary of

Defense has determined that this

Privacy Act rule for the Department of

Defense does not constitute ‘‘significant

regulatory action.’’ Analysis of the rule

indicates that it does not have an annual

effect on the economy of $100 million

or more; does not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; does not materially alter

the budgetary impact of entitlement,

grants, user fees, or loan programs or the

right and obligations of recipients

thereof; does not raise novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866 (1993).

Regulatory Flexibility Act of 1980

The Director, Administration and

Management, Office of the Secretary of

Defense certifies that this Privacy Act

rule for the Department of Defense does

not have significant economic impact on

a substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act

The Director, Administration and

Management, Office of the Secretary of

Defense, certifies that this Privacy Act

rule for the Department of Defense

imposes no information requirements

beyond the Department of Defense and

that the information collected within

the Department of Defense is necessary

and consistent with 5 U.S.C. 552a,

known as the Privacy Act of 1974.

This rule adds an exempt Privacy Act

system of records to the DLA inventory

of systems of records. DLA performs as

one of its principal functions

investigations into whistleblower

complaints arising from DLA employees

and the employees of DLA contractors.

The exempt system reflects recognition

that certain records in the system may

be deemed to require protection from

disclosure in order to protect

confidential sources mentioned in the

files and avoid compromising,

impeding, or interfering with

investigative and enforcement

proceedings. The authority for the

exemption may be found in 5 U.S.C

552a(k)(2). The system would thus be

exempt from sections 552a(c)(3), (d)(1)

through (4), (e)(1), (e)(4)(G), (e)(4)(H),

and (e)(4)(I), and (f). The Director adopts

these exemptions. The proposed rule

was published on October 13, 1994, at

59 FR 51911. No comments were

received, therefore, the DLA is adopting

the exemption rule.

List of Subjects in 32 CFR Part 323

Privacy.

Accordingly, the Defense Logistics

Agency amends 32 CFR part 323 as

follows:

1. The authority citation for 32 CFR

part 323 continues to read as follows:

Authority: Pub. L. 93–579, 88 Stat 1896 (5

U.S.C. 552a).

2. 32 CFR part 323, Appendix H is

amended by adding paragraph d.

Appendix H to Part 323—DLA

Exemption Rules

* * * * *

d. ID: S100.10 GC (Specific

exemption).

1. System name: Whistleblower

Complaint and Investigation Files.

2. Exemption: Portions of this system

of records may be exempt under the

provisions of 5 U.S.C. 552a(c)(3), (d)(1)

through (d)(4), (e)(1), (e)(4)(G), (e)(4)(H),

and (e)(4)(I), and (f).

3. Authority: 5 U.S.C. 552a(k)(2).

4. Reasons: From subsection (c)(3)

because granting access to the

accounting for each disclosure as

required by the Privacy Act, including

the date, nature, and purpose of each

disclosure and the identity of the

recipient, could alert the subject to the

existence of the investigation or

prosecutive interest by DLA or other

agencies. This could seriously

compromise case preparation by

prematurely revealing its existence and

nature; compromise or interfere with

witnesses or make witnesses reluctant to

cooperate; and lead to suppression,

alteration, or destruction of evidence.

From subsections (d)(1) through

(d)(4), and (f) because providing access

to records of a civil investigation and

the right to contest the contents of those

records and force changes to be made to

the information contained therein

would seriously interfere with and

thwart the orderly and unbiased

conduct of the investigation and impede

case preparation. Providing access rights

normally afforded under the Privacy Act

would provide the subject with valuable

information that would allow

interference with or compromise of

witnesses or render witnesses reluctant

to cooperate; lead to suppression,

alteration, or destruction of evidence;

and result in the secreting of or other

disposition of assets that would make

them difficult or impossible to reach in

order to satisfy any Government claim

growing out of the investigation or

proceeding.

From subsection (e)(1), because it is

not always possible to detect the

relevance or necessity of each piece of

information in the early stages of an

investigation. In some cases, it is only

after the information is evaluated in

light of other evidence that its relevance

and necessity will be clear.

From subsections (e)(4)(G) and

(e)(4)(H) because there is no necessity

for such publication since the system of

records will be exempt from the

underlying duties to provide

notification about and access to

information in the system and to make

amendments to and corrections of the

information in the system. However,

DLA will continue to publish such a

notice in broad generic terms as is its

current practice.

From subsection (e)(4)(I) because to

the extent that this provision is

construed to require more detailed

disclosure than the broad, generic

information currently published in the

system notice, an exemption from this

provision is necessary to protect the

confidentiality of sources of information

and to protect privacy and physical

safety of witnesses and informants. DLA

will, nevertheless, continue to publish

such a notice in broad generic terms as

is its current practice.

Dated: January 6, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–843 Filed 1–12–95; 8:45 am]

BILLING CODE 5000–04–F
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Rules and Regulations 3089

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 260

[FRL–5125–7]

RIN 2050–AD06

Hazardous Waste Management

System; Testing and Monitoring

Activities

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA or Agency) is amending its

hazardous waste regulations under

subtitle C of the Resource Conservation

and Recovery Act (RCRA) of 1976, as

amended, for testing and monitoring

activities. This amendment adds new

and revised methods as Update II to the

Third Edition of the EPA-approved test

methods manual ‘‘Test Methods for

Evaluating Solid Waste, Physical/

Chemical Methods,’’ EPA Publication

SW–846. It also incorporates the SW–

846 Third Edition, as amended by

Updates I (promulgated August 31,

1993), II, and IIA (promulgated January

4, 1994 as part of the wood surface

protection rule), into 40 CFR 260.11(a)

for use in complying with the

requirements of subtitle C of RCRA. The

intent of this amendment is to provide

better and more complete analytical

technologies for RCRA-related testing

and thus promote cost effectiveness and

flexibility in choosing analytical test

methods.

EFFECTIVE DATE: January 13, 1995. The

incorporation by reference of the

publication listed in the regulations is

approved by the Director of the Federal

Register as of January 13, 1995.

ADDRESSES: The official record for this

rulemaking (Docket No. F–94–WT2F–

FFFFF) is located at the U. S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460

(room M–2616), and is available for

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

through Friday, excluding Federal

holidays. The public must make an

appointment to review docket materials

by calling (202) 260–9327. The public

may copy a maximum of 100 pages of

material from any one regulatory docket

at no cost; additional copies cost $0.15

per page.

Copies of the Third Edition of SW–

846 as amended by Updates I, II, and IIA

are part of the official docket for this

rulemaking, and also are available from

the Superintendent of Documents,

Government Printing Office (GPO),

Washington, DC 20402, (202) 783–3238.

The GPO document number is 955–001–

00000–1. New subscriptions to SW–846

may be ordered from GPO at a cost of

$319.00 (subject to change). There is a

25% surcharge for foreign subscriptions

and renewals.

FOR FURTHER INFORMATION CONTACT: For

general information contact the RCRA

Hotline at (800) 424–9346 (toll free) or

call (703) 920–9810; or, for hearing

impaired, call TDD (800) 553–7672 or

(703) 486–3323. For technical

information, contact Kim Kirkland or

Charles Sellers, Office of Solid Waste

(5304), U.S. Environmental Protection

Agency, 401 M Street SW., Washington,

DC 20460, (202) 260–4761.

SUPPLEMENTARY INFORMATION:

Preamble Outline

I. Authority

II. Background Summary and Regulatory

Framework

III. Update IIA to SW–846, Third Edition

IV. Overview of August 31, 1993 NPRM and

Summary of Responses to Public

Comments

A. Overview of Proposal

B. Responses to Comments Regarding the

Addition of Update II Methods and

Chapters to SW–846

1. Non-Promulgation of Methods 5100 and

5100 in Update II

2. Non-Promulgation of Method 9200A in

Update II

3. Flexibility Allowance in SW–846

4. Consolidation of GFAA Methods

5. SPE as a Preparative Method to Method

8081A

6. Deletion of Ultrasonic Extraction

(Method 3550) as a Preparative Method

to Method 8141A and the Addition of

Tables 5, 6 and 7 to Method 8141A

7. Consistent Use of ‘‘RF’’ as Terminology

for ‘‘Relative Response Factor’’ in GC

Methods

8. Additional Ion Trap Data Guidance in

Method 8260A

C. Free Liquids and Characteristic Tests

D. pH Testing

V. Overview of Final Rule

VI. State Authority

A. Applicability in Authorized States

B. Effect on State Authorization

VII. Effective Date

VIII. Regulatory Analyses

A. Executive Order 12866

B. Regulatory Flexibility Act

C. Paperwork Reduction Act

I. Authority

These regulations are being

promulgated under the authority of

sections 1006, 2002, 3001, 3002, 3004,

3005, 3006, 3010, and 3014 of the Solid

Waste Disposal Act, as amended by the

Resource Conservation and Recovery

Act of 1976 (commonly known as

RCRA), as amended [42 U.S.C. 6905,

6912(a), 6921–6927, 6930, 6934, 6935,

6937, 6938, 6939, and 6974].

II. Background Summary and

Regulatory Framework

EPA Publication SW–846, ‘‘Test

Methods for Evaluating Solid Waste,

Physical/Chemical Methods,’’ contains

the analytical and test methods that EPA

has evaluated and found to be among

those acceptable for testing under

subtitle C of the Resource Conservation

and Recovery Act (RCRA), as amended.

Use of some of these methods is

required by specific regulations, as

discussed below. All of these methods

are intended to promote accuracy,

sensitivity, specificity, precision, and

comparability of analyses and test

results.

Several of the hazardous waste

regulations under subtitle C of RCRA

require that specific testing methods

described in SW–846 be employed for

certain applications. Any reliable

analytical method may be used to meet

other requirements in 40 CFR parts 260

through 270. For the convenience of the

reader, the Agency lists below a number

of the sections found in 40 CFR parts

260 through 270 that require the use of

a specific method for a particular

application, or the use of appropriate

SW–846 methods in general:

(1) Section 260.22(d)(1)(i)—

Submission of data in support of

petitions to exclude a waste produced at

a particular facility (i.e., delisting

petitions);

(2) Section 261.22(a) (1) and (2)—

Evaluation of waste against the

corrosivity characteristic;

(3) Section 261.24(a)—Leaching

procedure for evaluation of a waste

against the toxicity characteristic;

(4) Section 261.35(b)(2)(iii)(A)—

Testing rinsates from wood preserving

cleaning processes;

(5) Sections 264.190(a), 264.314(c),

265.190(a), and 265.314(d)—Evaluation

of a waste to determine if free liquid is

a component of the waste;

(6) 264.1034(d)(1)(iii) and

265.1034(d)(1)(iii)—Testing total

organic concentration of air emission

standards for process vents;

(7) 264.1063(d)(2) and

265.1063(d)(2)—Testing total organic

concentration of air emission standards

for equipment leaks;

(8) Section 266.106(a)—Analysis in

support of compliance with standards to

control metals emissions from burning

hazardous waste in boilers and

industrial furnaces;

(9) Section 266.112(b) (1) and (2)(i)—

Certain analysis in support of exclusion

from the definition of a hazardous waste

of a residue which was derived from

burning hazardous waste in boilers and

industrial furnaces;
3090 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Rules and Regulations

1Other comments, together with the Agency’s

response thereto, have been placed in the official

record for this rulemaking, ‘‘Response to Public

Comments Background Document, Promulgation of

the Second Update to SW–846, Third Edition’’.

(Docket No. F–94–WT2F–FFFFF)

(10) Section 268.32(i)—Evaluation of

a waste to determine if it is a liquid for

purposes of certain land disposal

prohibitions;

(11) Sections 268.40 (a), (b) and (f),

268.41(a), and 268.43(a)—Leaching

procedure for evaluation of waste

extract to determine compliance with

Land Disposal treatment standards;

(12) Section 268.7(a)—Leaching

procedure for evaluation of a waste to

determine if the waste is restricted from

land disposal;

(13) Sections 270.19(c)(1) (iii) and

(iv), and 270.62(b)(2)(i) (C) and (D)—

Analysis and approximate

quantification of the hazardous

constituents identified in the waste

prior to conducting a trial burn in

support of an application for a

hazardous waste incineration permit;

and

(14) Sections 270.22(a)(2)(ii)(B) and

270.66(c)(2) (i) and (ii)—Analysis

conducted in support of a destruction

and removal efficiency (DRE) trial burn

waiver for boilers and industrial

furnaces burning low risk wastes, and

analysis and approximate quantitation

conducted for a trial burn in support of

an application for a permit to burn

hazardous waste in a boiler and

industrial furnace.

In other situations, this EPA

publication functions as a guidance

document setting forth acceptable,

although not required, methods to be

implemented by the user, as

appropriate, in satisfying RCRA-related

sampling and analysis requirements.

SW–846 is a document that changes

over time as new information and data

are developed. Advances in analytical

instrumentation and techniques are

continually reviewed by the Agency’s

Office of Solid Waste (OSW) and

periodically incorporated into SW–846

to support changes in the regulatory

program and to improve method

performance. Update II represents such

an incorporation.

III. Update IIA to SW–846, Third

Edition

On January 4, 1994 (59 FR 458), the

Agency issued a final hazardous waste

listing determination for wastes

generated from the use of

chlorophenolic formulations in wood

surface protection processes. This rule

also finalized an April 27, 1993 (58 FR

25707) proposal to include Method

4010, ‘‘Screening for Pentachlorophenol

by Immunoassay’’ in the Third Edition

of SW–846. No comments were received

on Method 4010 and it was incorporated

by reference in 40 CFR 260.11(a) as

Update IIA to the Third Edition of SW–

846 in the January 4, 1994 Final Rule.

Update IIA (Method 4010) is being

distributed to SW–846 subscribers as

part of the Final Update II package.

IV. Overview of August 31, 1993 NPRM

and Summary of Responses to Public

Comments

A. Overview of Proposal

On August 31, 1993 (58 FR 46052),

the Agency proposed to amend its

hazardous waste testing and monitoring

regulations under subtitle C of RCRA by

(1) adding revised methods and chapters

and new methods as Update II to SW–

846 and incorporating the Third Edition

as amended by Updates I and II, in 40

CFR 260.11(a) for use in complying with

the requirements of subtitle C of RCRA;

(2) deleting a statement in Chapter

Seven that states that ‘‘Method 9095,

Paint Filter Liquids Test, Chapter Six

[may be used] to determine free liquid’’

for purposes of characteristic testing;

and (3) clarifying the regulatory

requirements as to the temperature for

pH measurements of highly alkaline

wastes during corrosivity characteristic

testing.

The Agency solicited comments on

each of these proposed changes. Items B

through D of this section summarize the

major comments that were received and

the actions taken by the Agency in

response to those comments.1

B. Responses to Comments Regarding

the Addition of Update II Methods and

Chapters to SW–846

The Agency proposed, as part of

Update II to SW–846, to revise several

methods and chapters already contained

in the Third Edition of SW–846 and its

Update I, as incorporated by reference

into 40 CFR 260.11. The revisions were

proposed to improve the methods and

provide additional performance

information for these methods. The

proposed revisions more accurately

reflect SW–846 method improvements.

Finally, as part of Update II, the Agency

also proposed to add 33 new methods

to SW–846.

The Agency received very few

negative comments on the proposal to

add the methods and revise certain

chapters of Update II to SW–846.

However, based on public comment and

other reasons explained below in

sections IV.B.1 and IV.B.2 of this

preamble, the Agency has decided not

to promulgate proposed new Methods

5100 and 5110 and the proposed revised

Method 9200A in Final Update II. The

Agency is promulgating all other

Proposed Update II new and revised

methods and chapters as Final Update

II of SW–846.

The comments received by the

Agency on the addition of new methods

and the revision of existing methods

and chapters were technical in nature.

Details on these comments and the

Agency’s responses may be found in the

background document to this

rulemaking. The Agency has

incorporated several of the suggested

changes into the Update II package, as

described in the background document.

Sections IV.B.1 through IV.B.8 of this

preamble summarize the major

comments and responses which the

Agency believes may be of particular

interest to the regulated community.

1. Non-Promulgation of Methods 5100

and 5110 in Update II

The Agency wishes to eliminate the

promulgation of redundant, crossprogram methods, where possible.

Therefore, the Agency is not

promulgating Method 5100 and 5110 in

Final Update II because they are

redundant and obsolete versions of the

Office of Air Quality, Planning and

Standards (OAQPS) Methods 25D and

25E, issued in support of analyses

conducted under the Clean Air Act.

There are currently no RCRA

applications for which Method 5100 or

5110 are applicable. Based on the

Agency’s current policy of not

proliferating redundant methods when

appropriate methods are available from

other Program Offices, and that there are

no planned RCRA applications for these

methods in the near future, the Agency

believes that there is no need to

promulgate Method 5100 or 5110 at this

time. For informational purposes,

Method 25D can be found in Appendix

A of 40 CFR part 60; and Method 25E

is currently available from the Office of

Air Quality Planning and Standards

(OAQPS), Mailcode MD–14, Technical

Support Division, Research Triangle

Park, NC 27711, (919) 541–5536.

2. Non-Promulgation of Method 9200A

in Update II

The analytical procedure found in

SW–846 Method 9200 (Nitrate) was

recently demonstrated to be unreliable

by both the Agency’s Environmental

Monitoring Support Laboratory in

Cincinnati (EMSL–Ci) and the American

Water Works Association (AWWA). The

unstable nature of the analytical

reagents and excessively tight

temperature control requirements were

contributing factors to the method’s

unreliability. In fact, on December 15,
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Rules and Regulations 3091

2 Kotronarou, et al., Environ. Sci. Technol., 1992,

26, pp. 1460–1462.

1993 (58 FR 65622), the Agency

proposed to remove Method 353.1,

which contains a brucine-sulfanilic acid

procedure similar to Method 9200, as

approved for the determination of

nitrate under 40 CFR 141.23 of the

National Primary Drinking Water

Regulations. The AWWA also removed

the brucine-sulfanilic acid (Method 419

D) method from its publication

‘‘Standard Methods for the Examination

of Water and Wastewater’’. To be

consistent with this and any other

related Agency actions, the Agency is

not including Method 9200A, a

modified version of Method 9200, in

Final Update II, and plans to propose

the removal of Method 9200 from SW–

846 at a later date. (Method 9200A

reversed the order of brucine-sulfanilic

acid and sulfuric acid reagents from that

described in Method 9200 in an

unsuccessful attempt to improve

reliability.) In the rare cases where

nitrate is a target analyte for RCRArelated analyses, the regulated

community may use Method 9056—The

Determination of Inorganic Anions by

Ion Chromatography which is included

in this Final Rule, or an appropriate

method approved and issued by other

Agency programs, such as Method

353.2—Nitrogen, Nitrate-Nitrite, found

in the methods manual ‘‘Methods for

Chemical Analysis of Water and

Wastes’’. (Although Method 353.2

provides combined nitrate-nitrite

results, separate values can be obtained

according to Sec. 2.1 of the method.)

3. Flexibility Allowance in SW–846

Many public comments requested the

use of alternative equipment, materials,

and procedures during the application

of the Update II SW–846 methods.

Although the Agency agrees with most

of the alternatives suggested by these

comments, the Agency did not change

the content of any method in response

to the comments because the necessary

flexibility in equipment, materials, or

method application is already allowed

by the SW–846 Disclaimer, presented at

the beginning of the document, and

Sections 2.1.1 and 2.1.2 of Chapter Two.

Based on the large number of comments

requesting the inclusion of alternatives

in SW–846 methods, the Agency

believes that this inherent flexibility

and performance-based approach

allowed by SW–846 is not sufficiently

understood by the regulated

community. The Agency, therefore,

wishes to stress that flexibility in the

use of equipment, glassware, and

procedures is allowed pursuant to the

SW–846 Disclaimer and Secs. 2.1.1 and

2.1.2 of Chapter Two.

Specifically, as stated in the SW–846

Disclaimer, SW–846 methods are

designed to be used with equipment

from any manufacturer that results in

suitable method performance. In

general, the equipment specifications

and settings given in the SW–846

methods represent the particular

instruments used during method

development, or subsequently approved

for use in the method. However, these

specifications need not be explicitly

followed. Other equipment may be used

as long as the laboratory achieves

equivalent or superior method

performance appropriate for the

particular application.

In addition, many types and sizes of

glassware and supplies are

commercially available and it is

possible to prepare reagents and

standards in many different ways.

Therefore, as stated in both the SW–846

Disclaimer and Sec. 2.1.2 of Chapter

Two, those specified in the methods

may be replaced by any similar type as

long as the substitution does not affect

the overall quality of the analyses.

Finally, Sec. 2.1.1 of Chapter Two

observes that SW–846 methods were

designed through sample sizing and

concentration procedures to address

trace analyses (<1000 ppm); however,

the methods can be made applicable to

other analyses through the use of

appropriate sample preparation

techniques.

4. Consolidation of GFAA Methods

One commenter suggested that the

Agency consolidate the separate

graphite furnace atomic absorption

(GFAA) methods in the 7000 Series into

a single method. The commenter found

the present approach of separate

methods for individual elements to be

cumbersome and redundant. The

Agency appreciates this point, and is

considering both Flame and GFAA

method consolidation as a future option

for SW–846, provided that analytical

flexibility can be retained during

analysis of the individual elements.

However, it is not possible to combine

individual GFAA methods as part of

this Final Rule without further study by

the Agency and without providing an

opportunity for public comment on any

new, consolidated method. The Agency

believes that adding the individual

GFAA methods to SW–846 at this time

is more beneficial to the analytical

community.

5. SPE as a Preparative Method to

Method 8081A

One commenter requested that the

Agency add solid phase extraction (SPE)

as a preparative method in water

matrices for determination by Method

8081A—Organochlorine Pesticides by

Gas Chromatography: Capillary Column

Technique. The Agency agrees that such

a method would be useful, but it cannot

be added at this time as part of Final

Update II. The addition of this method

requires submission of performance data

for review by the SW–846 Technical

Workgroup, proposal in the Federal

Register and an opportunity for public

comment. SPE is a preparative

technique for separating extractable

organic analytes from water matrices for

determination by gas chromatography or

other appropriate technique, and will be

considered for inclusion in SW–846 as

a 3500 Series method. The Agency is

working on the development of a

general SPE method which will be

included in a future update of SW–846.

6. Deletion of Ultrasonic Extraction

(Method 3550) as a Preparative Method

for Method 8141A and the Re-Inclusion

of Tables 5, 6 and 7 to Method 8141A

One commenter observed that when

Method 3550—Ultrasonic Extraction is

used as a preparative method for

Method 8141A, several analytes of

interest are lost. The Agency agrees; a

published study has demonstrated that

decomposition of compounds of interest

during sample preparation by ultrasonic

extraction is indeed a problem.2

Therefore, the Agency has deleted all

references to Method 3550 in Method

8141A and has added a section which

clearly states that Method 3550 is not an

appropriate sample preparation method

for Method 8141A because of the

potential for target analyte destruction

during the ultrasonic extraction process.

For consistency with this information,

references to Method 8141 were also

removed from Table 2 of Method 3550A

which delineates specific extraction

conditions for various determinative

methods.

In addition, the Agency has reincluded three organophosphorus

compound performance data tables in

the final version of Method 8141A

which were inadvertently deleted from

the proposed version of the method.

Specifically, the Agency is re-including

Table 5, which provides recovery data

from separatory funnel extraction; Table

6, which provides recovery data from

continuous liquid-liquid extraction; and

Table 7, which provides recovery data

from Soxhlet extraction. These tables

are unchanged from the original

versions which were included in

Method 8141 as Tables 4, 5 and 6,

respectively.
3092 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Rules and Regulations

7. Consistent Use of ‘‘RF’’ as

Terminology for ‘‘Relative Response

Factor’’ in GC Methods

A few commenters noted an

inconsistent use of the terminology

‘‘RF’’ versus ‘‘RRF’’ in the 8000 Series

gas chromatography (GC) methods. In

response to these comments, the Agency

has replaced all uses of the term ‘‘RRF’’

with the term ‘‘RF’’ to consistently

represent ‘‘relative response factor’’ in

all GC methods. This is an editorial

change to eliminate confusion caused by

two terms having the same definition.

8. Additional Ion Trap Data Guidance in

Method 8260A

The Agency received several

comments requesting additional

guidance regarding how to use ion trap

mass spectrometers in Method 8260A—

Volatile Organic Compounds by Gas

Chromatography/Mass Spectrometry:

Capillary Column Technique. In

response to these comments, the Agency

has added several new sections to the

method, specifically Sec. 4.4.2.4, which

identifies use of a fourth capillary

column and Sec. 7.2.7 which provides

guidance regarding the direct split

interface of the column. In addition, the

Agency added guidance to Sec. 4.4.3.1

regarding the selection of the proper

quantitation ion in the event of ionmolecule reactions with water and

methanol which may produce

interferences that coelute with

chloromethane and chloroethane. The

Agency also added optional quantitation

ions to Table 5 for chloromethane and

chloroethane for use in the event that

the ion-molecule reactions with water

and methanol are observed.

C. Free Liquids and Characteristic Tests

In section III.C of the August 31, 1993

proposed rule, the Agency proposed to

delete a statement in Chapter Seven of

SW–846 which stated ‘‘Method 9095,

Paint Filter Liquids Test, Chapter Six

[may be used] to determine free liquid’’

for purposes of testing for the hazardous

waste characteristics. In the proposed

Chapter Seven, the Agency replaced that

statement with ‘‘Use the pressure

filtration technique specified in Method

1311 (TCLP) to determine free liquid’’.

The Agency has decided not to include

the proposed revision to Chapter Seven

at this time because, based on public

comment, the Agency was not

sufficiently clear regarding its intent, as

some commenters suggested, and the

appropriate application of the revised

guidance. It was not the Agency’s intent

to discourage the use of Method 9095 in

demonstrating the ‘‘positive’’, i.e., that a

liquid exists for the purpose of testing

for the corrosivity and ignitability

characteristics. The Agency instead

intended to propose, as guidance, that

Method 9095 (or any other common

laboratory separation technique) is not

adequate to demonstrate the ‘‘negative’’,

i.e., that a waste does not contain a

liquid for the purpose of characteristic

testing. Consistent with that intent, a

proper statement of the use of Method

9095 to determine a free liquid for the

purpose of testing for hazardous waste

characteristics is as follows:

‘‘The definitive procedure for determining

if a waste contains a liquid for the purposes

of the ignitability and corrosivity

characteristics is the pressure filtration

technique specified in Method 1311.

However, if one obtains a free liquid phase

using Method 9095, then that liquid may

instead be used for purposes of determining

ignitability and corrosivity. However, wastes

that do not yield a free liquid phase using

Method 9095 should then be assessed for the

presence of an ignitable or corrosive liquid

using the pressure filtration technique

specified in Method 1311.’’

Since this language was not explicitly

proposed for inclusion in Chapter

Seven, or otherwise provided for public

comment, and since the Agency

received numerous negative public

comments regarding the content of

section III.C of the proposed rule, the

Agency will not at this time revise

Chapter Seven by removing the

statement on the use of Method 9095

from Sec. 7.2.1 of the Chapter. The

Agency, nonetheless, stands behind the

position described in the language

above and may, therefore, repropose this

revision to Chapter Seven in the future

with better clarification regarding its

intent.

In response to public comment, the

Agency also notes that Chapter Seven is

RCRA guidance, and that the Agency

did not propose to add an analytical

requirement regarding liquid

determinations to any part of the RCRA

regulations.

D. pH Testing

The Agency requested comment on

whether to add a temperature

requirement for the purposes of

corrosivity testing by proposed Method

9040A (pH Electrometric Measurement)

and Method 9045B (Soil and Waste pH).

The Agency is still responding to public

comments regarding this proposed

temperature requirement. The Agency

did not want to delay the promulgation

of Update II as a result of its ongoing

deliberations on this limited aspect of

the proposal. Therefore, Methods 9040A

and 9045B of Update II do not at this

time include any changes regarding a

temperature requirement during the

measurement of pH for determination of

the characteristic of corrosivity. Final

action regarding whether or not to add

a temperature requirement will be

deferred until the Agency has fully

responded to all relevant comments. If

the Agency decides at that time to add

a temperature requirement to Method

9040A or 9045B as a result of public

comment, the methods will be revised

and added to SW–846 as part of a

separate rulemaking. Responses to

comments regarding the pH temperature

clarification will also be included in a

separate background document

specifically prepared to support such a

future action.

V. Overview of the Final Rule

This rule makes final the Agency’s

proposal to add revised methods and

chapters and new methods as Update II

to SW–846 and incorporate the Third

Edition as amended by Updates I, II, and

IIA, in 40 CFR 260.11(a) for use in

complying with the requirements of

subtitle C of RCRA.

Table 1 lists all of the revised

methods and chapters and new methods

that are approved by the Agency for

inclusion in Final Update II to SW–846.

The table lists the chapters and methods

of Update II in the order of their relative

location in SW–846. The vertical

‘‘* * *’’ notation indicates portions of

SW–846, Third Edition (as amended by

Updates I and IIA), which are

unchanged by Final Update II.

TABLE 1.—FINAL UPDATE II OF SW–

846, THIRD EDITION 1

Method

No. Title

.

.

.

Abstract

Table of Contents

.

.

.

Chapter Two—Choosing the Correct Procedure

Chapter Three—Metallic Analytes

3.1 Sampling Considerations

3.2 Sample Preparation Methods

.

.

.

3015 Microwave Assisted Acid Digestion

of Aqueous Samples and Extracts

3051 Microwave Assisted Acid Digestion

of Sediments, Sludges, Soils,

and Oils

3.3 Methods for Determination of

Metals

.

.

.
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Rules and Regulations 3093

TABLE 1.—FINAL UPDATE II OF SW–

846, THIRD EDITION 1—Continued

Method

No. Title

6020 Inductively Coupled Plasma—Mass

Spectrometry

.

.

.

7060A Arsenic (Atomic Absorption, Furnace Technique)

.

.

.

7062 Antimony and Arsenic (Atomic Absorption, Borohydride Reduction)

7080A Barium (Atomic Absorption, Direct

Aspiration)

.

.

.

7131A Cadmium (Atomic Absorption, Furnace Technique)

.

.

.

7470A Mercury in Liquid Waste (Manual

Cold-Vapor Technique)

7471A Mercury in Solid or Semisolid

Waste (Manual Cold-Vapor

Technique)

.

.

.

7741A Selenium (Atomic Absorption, Gaseous Hydride)

7742 Selenium (Atomic Absorption,

Borohydride Reduction)

.

.

.

Chapter Four—Organic Analytes

4.1 General Considerations

4.2 Sample Preparation Methods

4.2.1 Extractions and Preparations

.

.

.

3510B Separatory Funnel Liquid-Liquid

Extraction

3520B Continuous Liquid-Liquid Extraction

3540B Soxhlet Extraction

3541 Automated Soxhlet Extraction

3550A Ultrasonic Extraction

.

.

.

5040A Analysis of Sorbent Cartridges from

Volatile Organic Sampling Train

(VOST): GC/MS Technique

5041 Protocol for Analysis of Sorbent

Cartridges from Volatile Organic

Sampling Train (VOST): Widebore Capillary Column Technique

4.2.2 Cleanup

3600B Cleanup

.

.

.

3630B Silica Gel Cleanup

3640A Gel-Permeation Cleanup

.

.

.

TABLE 1.—FINAL UPDATE II OF SW–

846, THIRD EDITION 1—Continued

Method

No. Title

3665 Sulfuric Acid/Permanganate Cleanup

4.3 Determination of Organic

Analytes

4.3.1 Gas Chromatographic Methods

.

.

.

8010B Halogenated Volatile Organics by

Gas Chromatography

.

.

.

8020A Aromatic Volatile Organics by Gas

Chromatography

8021A Halogenated Volatiles by Gas

Chromatography Using

Photoionization and Electrolytic

Conductivity Detectors in Series:

Capillary Column Technique

.

.

.

8031 Acrylonitrile by Gas Chromatography

8032 Acrylamide by Gas Chromatography

.

.

.

8061 Phthalate Esters by Capillary Gas

Chromatography with Electron

Capture Detection (GC/ECD)

.

.

.

8080A Organochlorine Pesticides and Polychlorinated Biphenyls by Gas

Chromatography

8081 Organochlorine Pesticides and

PCBs as Aroclors by Gas Chromatography: Capillary Column

Technique

.

.

.

8120A Chlorinated Hydrocarbons by Gas

Chromatography

8121 Chlorinated Hydrocarbons by Gas

Chromatography: Capillary Column Technique

.

.

.

8141A Organophosphorus Compounds by

Gas Chromatography: Capillary

Column Technique

8150B Chlorinated Herbicides by Gas

Chromatography

8151 Chlorinated Herbicides by GC

Using Methylation or

Pentafluorobenzylation

Derivatization: Capillary Column

Technique

4.3.2 Gas Chromatographic/Mass

Spectroscopic Methods

TABLE 1.—FINAL UPDATE II OF SW–

846, THIRD EDITION 1—Continued

Method

No. Title

8240B Volatile Organic Compounds by

Gas Chromatography/Mass

Spectrometry (GC/MS)

8250A Semivolatile Organic Compounds

by Gas Chromatography/Mass

Spectrometry (GC/MS)

8260A Volatile Organic Compounds by

Gas Chromatography/Mass

Spectrometry (GC/MS): Capillary

Column Technique

8270B Semivolatile Organic Compounds

by Gas Chromatography/ Mass

Spectrometry (GC/MS): Capillary

Column Technique

.

.

.

8290 Polychlorinated Dibenzodioxins

(PCDDs) and Polychlorinated

Dibenzofurans (PCDFs) by HighResolution Gas Chromatography/

High-Resolution Mass Spectrometry (HRGC/HRMS)

4.3.3 High Performance Liquid

Chromatographic Methods

.

.

.

8315 Determination of Carbonyl Compounds by High Performance

Liquid Chromatography (HPLC)

8316 Acrylamide, Acrylonitrile and Acrolein by High Performance Liquid

Chromatography (HPLC)

8318 N-Methylcarbamates by High Performance Liquid Chromatography

(HPLC)

8321 Solvent Extractable Non-Volatile

Compounds by High Performance Liquid Chromatography/

Thermospray/Mass Spectrometry

(HPLC/TSP/MS) or Ultraviolet

(UV) Detection

8330 Nitroaromatics and Nitramines by

High Performance Liquid Chromatography (HPLC)

8331 Tetrazene by Reverse Phase High

Performance Liquid Chromatography (HPLC)

4.3.4 Fourier Transform Infrared

Methods

8410 Gas Chromatography/Fourier

Transform Infrared (GC/FT-IR)

Spectrometry for Semivolatile

Organics: Capillary Column

4.4 Miscellaneous Screening

Methods

.

.

.

4010 2 Screening for Pentachlorophenol

by Immunoassay

8275 Thermal Chromatography/Mass

Spectrometry (TC/MS) for

Screening Semivolatile Organic

Compounds

Chapter Five—Miscellaneous Test

Methods
3094 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Rules and Regulations

TABLE 1.—FINAL UPDATE II OF SW–

846, THIRD EDITION 1—Continued

Method

No. Title

5050 Bomb Preparation Method for Solid

Wastes

.

.

.

9020B Total Organic Halides (TOX)

.

.

.

9056 Determination of Inorganic Anions

by Ion Chromatography

.

.

.

9071A Oil and Grease Extraction Method

for Sludge and Sediment Samples

9075 Test Method for Total Chlorine in

New and Used Petroleum Products by X-Ray Fluorescence

Spectrometry (XRF)

9076 Test Method for Total Chlorine in

New and Used Petroleum Products by Oxidative Combustion

and Microcoulometry

9077 Test Methods for Total Chlorine in

New and Used Petroleum Products (Field Test Kit Methods)

.

.

.

9252A Chloride (Titrimetric, Mercuric Nitrate)

9253 Chloride (Titrimetric, Silver Nitrate)

.

.

.

Chapter Six—Properties

1312 Synthetic Precipitation Leaching

Procedure

.

.

.

9040A ph Electrometric Measurement

.

.

.

9045B Soil and Waste pH

.

.

.

9096 Liquid Release Test (LRT) Procedure

.

.

.

Chapter Seven—Introduction &

Regulatory Definitions

.

.

.

1The vertical ‘‘* * *’’ indicates unchanged

portions of SW–846. 2 Method 4010 is Update IIA.

VI. State Authority

A. Applicability in Authorized States

Under section 3006 of RCRA, EPA

may authorize qualified States to

administer and enforce the RCRA

program within the State. (See 40 CFR

part 271 for the standards and

requirements for authorization.)

Following authorization, EPA retains

enforcement authority under sections

3008, 7003 and 3013 of RCRA, although

authorized States have primary

enforcement responsibility.

Prior to the Hazardous and Solid

Waste Amendments of 1984 (HSWA), a

State with final authorization

administered its hazardous waste

program entirely in lieu of EPA

administering the Federal program in

that State. The Federal requirements no

longer applied in the authorized State,

and EPA could not issue permits for any

facilities in the State that the State was

authorized to permit. When new, more

stringent Federal requirements were

promulgated or enacted, the State was

obliged to enact equivalent authority

within specified time frames. New

Federal requirements did not take effect

in an authorized State until the State

adopted the requirements as State law.

In contrast, under section 3006(g) of

RCRA, 42 U.S.C. 6926(g), new

requirements and prohibitions imposed

by the HSWA take effect in authorized

States at the same time that they take

effect in nonauthorized States. EPA is

directed to carry out those requirements

and prohibitions in authorized States,

including the issuance of permits, until

the State is granted authorization to do

so. While States must still adopt HSWArelated provisions as State law to retain

final authorization, the HSWA applies

in authorized States in the interim.

B. Effect on State Authorization

Today’s rule promulgates standards

that are not effective in authorized

States since the requirements are being

imposed pursuant to pre-HSWA

authority. Therefore, this rule is not

immediately effective in authorized

States. The requirements will be

applicable only in those States that do

not have interim or final authorization.

In authorized States, the requirements

will not be applicable until the State

revises its program to adopt equivalent

requirements under State law.

40 CFR 271.21(e)(2) requires that

States that have final authorization must

modify their programs to reflect Federal

program changes and subsequently must

submit the modifications to EPA for

approval. The deadline by which the

State must modify its program to adopt

today’s proposed rule is determined

based on the date of final rule

promulgation in accordance with 40

CFR 271.21(e). These deadlines can be

extended in certain cases (40 CFR

271.21(e)(3)). Once EPA approves the

modification, the State requirements

become subtitle C RCRA requirements.

States with authorized RCRA

programs may already have

requirements similar to those in today’s

rule. These State requirements have not

been assessed against the Federal

regulations being proposed today to

determine whether they meet the tests

for authorization. Thus, a State is not

authorized to carry out these

requirements in fulfillment of the final

rule until the State program

modification is submitted to EPA and

approved. Of course, States with

existing standards may continue to

administer and enforce their standards

as a matter of State law.

States that submit their official

applications for final authorization

within 12 months after the effective date

of today’s rule are not required to

include in their applications

requirements equivalent to the

requirements in today’s rule. However,

the State must modify its program by

the deadlines set forth in 40 CFR

271.21(e). States that submit official

applications for final authorization 12

months or more after the effective date

of today’s rule must include

requirements at least as stringent as the

requirements in the final rule in their

applications. 40 CFR 271.3 sets forth the

requirements a State must meet when

submitting its final authorization

application.

VII. Effective Date

Section 3010 of RCRA provides that

regulations promulgated pursuant to

subtitle C of RCRA shall take effect six

months after the date of promulgation.

However, HSWA amended section 3010

of RCRA to allow rules to become

effective in less than six months when,

among other things, the Agency finds

that the regulated community does not

need six months to come into

compliance. Since today’s rule provides

greater flexibility to the regulated

community in testing and monitoring

solid waste, the Agency believes the

regulated community does not need six

months to come into compliance. For

that same reason, the Agency believes

that good cause exists under the

Administrative Procedures Act, 5 U.S.C.

section 553(d), for not delaying the

effective date of this rule. Therefore, this

rule is effective January 13, 1995.
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Rules and Regulations 3095

VIII. Regulatory Analyses

A. Executive Order 12866

Under Executive Order 12866 [58 FR

51735 (October 4, 1993)], EPA must

determine whether a 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 entitlements, 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 and the requirements of

the Executive Order.

B. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility

Act (RFA) (5 U.S.C. section 601–612,

Pub. L. 96–354, September 19, 1980),

whenever an agency publishes a General

Notice of Rulemaking for any proposed

or final rule, it must prepare and make

available for public comment a

regulatory flexibility analysis (RFA) that

describes the impact of the rule on small

entities (i.e., small businesses, small

organizations, and small governmental

jurisdictions). No regulatory flexibility

analysis is required, however, if the

head of the Agency certifies that the rule

will not have a significant impact on a

substantial number of small entities.

This rule will not require the

purchase of new instruments or

equipment. The regulation requires no

new reports beyond those now required.

This rule will not have an adverse

economic impact on small entities since

its effect will be to provide greater

flexibility to all of the regulated

community by providing an increased

choice of appropriate analytical

methods for RCRA applications,

including small entities. Therefore, in

accordance with 5 U.S.C. section 605(b),

I hereby certify that this rule will not

have a significant economic impact on

a substantial number of small entities.

Thus, the regulation does not require an

RFA.

C. Paperwork Reduction Act

There are no additional reporting,

notification, or recordkeeping

provisions in this rule. Such provisions,

were they included, would be submitted

for approval to the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act, 44 U.S.C.

3501 et seq.

List of Subjects in 40 CFR Part 260

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Incorporation by

reference.

Dated: December 13, 1994.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

For the reasons set out in the

preamble, title 40, Chapter I, of the Code

of Federal Regulations is amended as set

forth below:

PART 260—HAZARDOUS WASTE

MANAGEMENT SYSTEM: GENERAL

1. The authority citation for part 260

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921–

6927, 6930, 6934, 6935, 6937, 6938, 6939,

and 6974.

Subpart B—Definitions

2. Section 260.11 (a) is amended by

revising the ‘‘Test Methods for

Evaluating Solid Waste, Physical/

Chemical Methods’’ reference to read as

follows:

§ 260.11 References.

(a) * * *

‘‘Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods,’’

EPA Publication SW–846 [Third Edition

(November, 1986), as amended by

Updates I (July, 1992), II (September,

1994), and IIA (August, 1993)]. The

Third Edition of SW–846 and Updates

I, II, and IIA (document number 955–

001–00000–1) are available from the

Superintendent of Documents, U.S.

Government Printing Office,

Washington, DC 20402, (202) 783–3238.

Copies may be inspected at the Library,

U.S. Environmental Protection Agency,

401 M Street, SW, Washington, DC

20460.

* * * * *

[FR Doc. 95–821 Filed 1–12–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5138–9]

Michigan: Final Authorization of

Revisions to State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final determination on

application of Michigan for final

authorization.

SUMMARY: Notice is hereby given that

the United States Environmental

Protection Agency (U.S. EPA) approves

the revisions to the State of Michigan’s

authorized hazardous waste

management program resulting from the

reorganization of the Michigan

Department of Natural Resources

(MDNR) by Executive Order 1991–31.

EFFECTIVE DATE: January 13, 1995.

FOR FURTHER INFORMATION CONTACT: Ms.

Judy Feigler, RCRA Regulatory

Development Section, U.S. EPA, Region

5, 77 W. Jackson (HRM–7J), Chicago,

Illinois 60604, or telephone (312) 886–

4179.

SUPPLEMENTARY INFORMATION:

A. Background

On October 21, 1994, EPA published

in the Federal Register a notice

announcing the preliminary

determination to approve the State of

Michigan’s hazardous waste

management program, as revised,

pursuant to Section 3006(b) of the

Resource Conservation and Recovery

Act (RCRA) and 40 CFR 271.21(b)(4).

States with final authorization under

Section 3006(b) of RCRA, 42 U.S.C.

6929(b) have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste management program.

When either EPA’s or a State program’s

controlling statutory or regulatory

authority is modified or supplemented,

or when certain other changes occur,

revisions to State hazardous waste

management programs may be

necessary. The procedures that States

and EPA must follow for revision of

State programs are found at 40 CFR

271.21(b).

The State of Michigan initially

received final authorization for its

hazardous waste management program

effective on October 30, 1986 (51 FR

36804–36805, October 16, 1986).

Subsequently, Michigan received

authorization for revisions to its

program, effective on January 23, 1990

(54 FR 225, November 24, 1989); June

24, 1991 (56 FR 18517, April 23, 1991);