Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations 17001

time within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Parts 52 and

81

Environmental protection, Air

pollution control, Sulfur dioxide.

Dated: March 22, 1995.

David A. Ullrich,

Acting Regional Administrator.

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7402–7671q.

Subpart O—Illinois

2. Section 52.724 is amended by

adding paragraph (h) to read as follows:

§ 52.724 Control strategy: Sulfur dioxide.

* * * * *

(h) Approval—On November 10,

1994, the Illinois Environmental

Protection Agency submitted a sulfur

dioxide redesignation request and

maintenance plan for Peoria and Hollis

Townships in Peoria County and

Groveland Township in Tazewell

County to redesignate the townships to

attainment for sulfur dioxide. The

redesignation request and maintenance

plan meet the redesignation

requirements in section 107(d)(3)(d) of

the Clean Air Act (Act) as amended in

1990.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7871q.

2. In § 81.314 the Illinois SO2 table is

amended by revising the entries for

Peoria County and Tazewell County to

read as follows:

§ 81.314 Illinois.

* * * * *

ILLINOIS—SO2

Designated area

Does not

meet primary standards

Does not

meet secondary

standard

Cannot be

classified

Better than

national

standards

* * * * * * *

Peoria County ..................................................................................................................... ................... ................... ................... X

Tazewell County ................................................................................................................. ................... ................... ................... X

* * * * * * *

* * * * *

[FR Doc. 95–8213 Filed 4–3–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 260

[FRL–5183–5]

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) for testing

and monitoring activities. This

amendment clarifies the temperature

requirement for pH measurements of

highly alkaline wastes and adds Method

9040B (pH Electrometric Measurement)

and Method 9045C (Soil and Waste pH)

to ‘‘Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods,’’

EPA Publication SW–846. This

amendment will provide a better and

more complete analytical technology for

RCRA testing in support of hazardous

waste identification under the

corrosivity characteristic (40 CFR

261.22).

EFFECTIVE DATE: April 4, 1995. The

incorporation by reference of the

publication listed in the regulations is

approved by the Director of the Federal

Register as of April 4, 1995.

ADDRESSES: The official record for this

rulemaking (Docket No. F–95–W2TF–

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, IIA,

and IIB 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) 512–1800.

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 Oliver Fordham,

Office of Solid Waste (5304), U.S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460,

(202) 260–4761.

SUPPLEMENTARY INFORMATION:

I. Authority

These regulations are being

promulgated under the authority of

sections 1006, 2002(a), 3001–3007,

3010, 3013, 3014, 3016 through 3018,

and 7004 of the Solid Waste Disposal

Act, as amended by the Resource

Conservation and Recovery Act (RCRA)

of 1976, as amended [42 U.S.C. 6905,

6912(a), 6921–6927, 6930, 6934, 6935,

6937, 6938, 6939, and 6974].
17002 Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations

1 ‘‘Responses to Public Comments Submitted in

Response to Section III.D, pH Testing, 58 FR 46054,

August 31, 1993’’, located in the official record for

this rulemaking (Docket No. F–95–W2TF–FFFFF).

2Marshall and Franck, ‘‘Ion Product of Water

Substance, 0–1000 °C, 1–10,000 Bars: New

International Formulation and its Background’’,

Journal of Physical and Chemical Reference Data,

10(2), pp. 295–304, 1981.

II. Background and Regulatory

Framework Summary

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 of 1976 (RCRA), as

amended. Use of some of these methods

is required by some of the hazardous

waste regulations under subtitle C or

RCRA. In other situations, SW–846

functions as a guidance document

setting forth acceptable, although not

required, methods to be implemented by

the user, as appropriate, in satisfying

RCRA-related sampling and analysis

requirements. All of these methods are

intended to promote accuracy,

sensitivity, specificity, precision, and

comparability of analyses and test

results.

SW–846 is a document that changes

over time as new information and data

are developed. Advances in analytical

instrumentation and techniques are

continually reviewed by the Agency’s

Office of Solid Waste (OSW) and

periodically incorporated into SW–846

to support changes in the regulatory

program and to improve method

performance. Update IIB (Methods

9040B and 9045C) represents such an

incorporation.

III. 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

adding 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. In

section III.D of the proposed rule, the

Agency also proposed the addition of

language to SW–846 Methods 9040A

and 9045B to clarify regulatory

requirements as to the temperature for

pH measurements of highly alkaline

wastes during corrosivity characteristic

testing.

On January 13, 1995 (60 FR 3089), the

Agency published a final rule which

added Update II to SW–846. As noted in

that final rule, the Agency was still

responding to public comments

regarding the pH temperature

clarification issue and, therefore, took

no action on that topic in the January

13, 1995 Final Rule. The Agency did not

want to delay promulgation of Update II

as a result of its ongoing deliberations

on the temperature clarification.

Therefore, Methods 9040A and 9045B

were finalized as part of Update II

without the technical clarification

regarding temperature control during

the pH measurement of highly alkaline

materials.

IV. Public Comments Regarding Section

III.D of the Proposed Rule

The majority of the commenters were

in favor of specifying a temperature of

25±1 °C in Method 9040A instead of

specifying that the pH test be performed

at a temperature relevant to the waste

management site temperature. Only one

commenter supported a requirement

that the testing temperature be relevant

to the waste management site. A few

commenters were against the addition of

any temperature clarification at this

time.

This section summarizes several of

the most significant comments on the

proposal, and EPA’s responses. Detailed

Agency responses to all significant

comments are provided in the

background document, entitled

‘‘Responses to Public Comments

Submitted in Response to Section III.D,

pH Testing, 58 FR 46054, August 31,

1993’’, which is located in the official

record for this rulemaking (Docket No.

F–95–W2TF–FFFFF).

One commenter argued that a

scientific basis does not exist for a

temperature clarification only for

alkalinity determinations. The Agency

believes that a valid scientific basis does

exist to include a temperature

clarification which applies only when

pH approaches the upper corrosivity

characteristic limit. An inverse, nonlinear, relationship exists between

temperature and pH whereby pH

readings at the basic end significantly

increase as temperature levels decrease.

At high pH levels, a physical difference

exists in relation to ion dissociation

which cannot be compensated by pH

meters, and which requires additional

temperature control if the objective is to

obtain an accurate, and comparable, pH

measurement at that end of the scale.

The Agency did not propose a

temperature clarification for acidic

wastes because the temperature effect

on pH is not sufficiently significant at

the acidic end of the scale to warrant

such a clarification. It is highly unlikely

that a pH change at the low end of the

scale due to temperature variation will

affect the regulatory status of the waste.

Therefore, a specification that wastes

with pH levels at the acidic end of the

scale must be analyzed at a standard

temperature is unnecessary.

One commenter stated that, if a

standard must be set, it should be 24 °C

because that is the closest practical

temperature which will yield a 0 to 14

pH scale (and a pKW of 14.0). Another

commenter claimed that 25 °C, and not

24 °C, is the closest practical

temperature for a pH scale of 0 to 14

with a pKW of 14.0. Both commenters

referenced scientific literature in

support of their position. [Note: Water

must be present to measure pH, and

water affects the pH measurement by

ionizing into hydrogen (H+) and

hydroxyl (OH¥) ions. The ‘‘pKW’’ is the

negative log of the ionization constant

(KW) for this reaction: pKW = pH + pOH.

Neutral water has a pH of 7 and a pOH

of 7, and thus a pKW of 14.]

The Agency recognizes that some

inconsistencies exist between some

literature regarding whether 24 °C or 25

°C is the closest practical temperature

for a pH scale of 0 to 14 with a pKW of

14.0. However, based on public

comment, it appears that 25 °C is the

most accepted standard temperature for

the pH scale of 0 to 14. Also, as

explained in the background document 1

to this rule, based on certain

calculations and a work published in

1981 on pH theory,2 25 °C and not 24

°C appears to be the closest practical

temperature for a pKW of 14.0.

One commenter claimed that the

Agency always contemplated that pH be

taken at environmental or field

temperatures because Method 9040A

employs language which refers to ‘‘field

pH measurements’’. The commenter

also claimed that Method 9040A

endorses the common approach of pH

testing at site temperatures because it

requires that the temperature be noted at

measurement.

The Agency agrees that pH testing in

the field is common, but disagrees with

any finding that EPA intended that all

pH measurements in support of the

corrosivity characteristic be taken at site

temperatures just because Method

9040A refers to field measurements and

the recording of temperature. By use of

the phrase ‘‘field pH measurements’’,

the Agency simply recognizes that pH

measurements are often taken in the

field, and that in most cases (e.g., all

except those limited cases where the

waste is both being tested for corrosivity

and its pH is above 12.0), field test

results are adequate. The field

measurement reference in no way

precludes laboratory pH measurements

at a specific temperature, nor does it
Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations 17003

implicitly or otherwise mean that all

measurements by the method must be

done at site temperatures.

The Agency believes that a standard

temperature of 25 °C offers a consistent

way to measure pH and thus assures

consistent environmental protection.

Without a standard temperature for

testing the pH of at least highly alkaline

wastes, test data may not be directly

comparable, because, as explained

above, the effect of temperature on pH

is particularly pronounced at the

alkaline end of the scale.

V. Overview of Final Rule

Based on the public comments and

the reasons summarized below, the

Agency is adding the following language

to section 7.1.2 of Method 9040A (now

revised Method 9040B of Update IIB):

(* * * also, for corrosivity

characterization, the sample must be

measured at 25±1 °C if the pH of the waste

is above 12.0)

The Agency believes that the addition

of this language to Method 9040A is

appropriate based on:

(1) A demonstrated need to clarify the

analytical procedures for pH

determinations of highly alkaline

materials in order: To facilitate

consistent application of the procedures

during corrosivity characteristic

determinations; and to remove any

confusion on the part of the regulated

community when making such

determinations;

(2) Scientific facts regarding the effect

of temperature on pH, including the

effect of temperature on pH readings at

the alkaline end of the pH scale;

(3) Agency actions during

promulgation of the corrosivity

characteristic, particularly with respect

to the exclusion of otherwise

nonhazardous lime wastes, and the

public’s interpretation of those actions

based on the majority of the public

comments; and

(4) Historical practices by the Agency

during enforcement of the characteristic.

The Agency notes that the technical

change in Method 9040B only applies to

pH determinations for wastes with pH

levels above 12.0 (which is explicit in

the added language). To avoid imposing

an unnecessary analytical burden, pH

determinations for the corrosivity

characteristic (when analysis is chosen

by the generator) can be performed at a

temperature other than 25±1 °C for

wastes with pH levels less than 12.

Although Method 9045B (Soil and

Waste pH) is not used for corrosivity

characteristic determinations, it

involves a pH measurement procedure

similar to that found in Method 9040A.

Therefore, the Agency is adding similar,

although not identical, language to

Method 9045B. Specifically, the Agency

is adding the following language to

section 7.1.2 of Method 9045B (now

revised Method 9045C of Update IIB):

If an accurate pH reading based on the

conventional pH scale [0 to 14 at 25 °C] is

required, the analyst should control sample

temperature at 25±1 °C when sample pH

approaches the alkaline end of the scale (e.g.,

a pH of 11 or above).

This rule makes final the addition of

Methods 9040B and 9045C as Update

IIB to SW–846, and incorporates the

Third Edition of SW–846 as amended by

Updates I, II, IIA, and IIB into 40 CFR

§ 260.11(a) for use in complying with

the requirements of subtitle C of RCRA.

VI. State Authority

Today’s rule promulgates standards

that are not effective in authorized

States since the requirements are being

imposed pursuant to pre-HSWA

authority. See RCRA Section 3006.

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. Procedures and deadlines for

State program revisions are set forth in

40 CFR 271.21. 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

a clarification for the regulated

community regarding the testing and

monitoring of 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 Procedure

Act, 5 U.S.C. 553(d), for not delaying the

effective date of this rule. Therefore, this

rule is effective April 4, 1995.

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.

This regulation will not have an

adverse economic impact on industry

since its effect will be to provide

clarification to all of the regulated

community. This rule does not require

the purchase of new instruments or

equipment and does not require new

reports beyond those presently required.

Thus, this rule is not a ‘‘significant

regulatory action’’ under the terms of

Executive Order 12866 and is therefore

not subject to OMB review.

B. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

prepare a statement to accompany any

rule where the estimated costs to State,

local, or tribal governments in the

aggregate, or to the private sector, will

be $100 million or more in any one year.

Under Section 205, EPA must select the

most cost-effective and least

burdensome alternative that achieves

the objective of the rule and is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly impacted by the rule.

EPA has determined that this rule

does not include a Federal mandate that

may result in estimated costs of $100

million or more to either State, local or

tribal governments in the aggregate, or

to the private sector.

C. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility

Act (5 U.S.C. sections 601–612, Public
17004 Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations

Law 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 clarification

to all of the regulated community,

including small entities. Therefore, in

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

hereby certify that this rule will not

have a significant economic impact on

a substantial number of small entities

(as defined by the Regulatory Flexibility

Act). Thus, the regulation does not

require an RFA.

D. 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

Administrative practice and

procedure, Confidential business

information, Hazardous waste,

Incorporation by reference.

Dated: March 29, 1995.

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), IIA (August, 1993), and IIB

(January, 1995)]. The Third Edition of

SW–846 and Updates I, II, IIA, and IIB

(document number 955–001–00000–1)

are available from the Superintendent of

Documents, U.S. Government Printing

Office, Washington, DC 20402, (202)

512–1800. Copies may be inspected at

the Library, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460.

* * * * *

[FR Doc. 95–8207 Filed 4–3–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5182–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Deletion of the Wilson

Concepts Site from the National

Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Wilson Concepts Superfund Site

(the Site) in Pompano Beach, Florida,

from the National Priorities List (NPL).

The NPL is appendix B of 40 CFR part

300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA and the State of Florida have

determined that all appropriate Fundfinanced responses under CERCLA have

been implemented and that no further

cleanup by responsible parties is

appropriate. Moreover, EPA and the

State of Florida have determined that

remedial actions conducted at the Site

to date have been protective of public

health, welfare, and the environment.

EFFECTIVE DATE: April 4, 1995.

FOR FURTHER INFORMATION CONTACT: Olga

Perry, Remedial Project Manager, South

Superfund Remedial Branch, Waste

Management Division, U.S.

Environmental Protection Agency,

Region IV, 345 Courtland Street, NE.,

Atlanta, GA 30365, (404) 347–2643, or

Rose Jackson, Community Relations

Coordinator, at the same address and

phone number as noted above.

ADDRESSES: Comprehensive information

on this Site is available at the following

addresses:

EPA Region IV Public Docket, U.S.

Environmental Protection, Agency,

Region IV, 345 Courtland Street, NE.,

Atlanta, Georgia 30365,

and

Broward County Main Library, 100

South Andrews Ave., NE., Fort

Lauderdale, Florida 33301.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Wilson

Concepts Superfund Site, Pompano

Beach, Florida.

A Notice of Intent to Delete for this

Site was published February 10, 1995

(60 FR 7934). The closing date for

comments on the Notice of Intent to

Delete was March 13, 1995. EPA

received no substantive letters or

comments during the comment period

which opposed the deletion of this Site

from the NPL. A letter of support for the

deletion was received and has been

included in the EPA, Region IV,

Deletion Docket for the Site.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3). Deletion of a site from the

NPL does not affect responsible party

liability or impede agency efforts to

recover costs associated with response

efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Hazardous waste.

Dated: March 15, 1995.

Joe R. Franzmathes,

Acting Regional Administrator, USEPA

Region 4.

For the reasons set out in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

is revised to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12580, 52 FR 2923, 3 CFR,

1987 Comp., p. 193; E.O. 12777, 56 FR 54757,

3 CFR, 1991 Comp., p. 351.