[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Rules and Regulations]
[Pages 3088-3095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-821]



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[[Page 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.

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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; [[Page 3090]] 
    (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.<SUP>1

    \1\Other 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)
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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, 
cross-program 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, [[Page 3091]] 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 RCRA-related 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.<SUP>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.

    \2\Kotronarou, et al., Environ. Sci. Technol., 1992, 26, pp. 
1460-1462.
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    In addition, the Agency has re-included 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. 
[[Page 3092]] 
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 
ion-molecule 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\         
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Method No.                              Title                           
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            .                                                           
            .                                                           
            .                                                           
            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                    
            .                                                           
            .                                                           
            .                                                           
[[Page 3093]]                                                           
                                                                        
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): Wide-bore Capillary Column  
             Technique                                                  
            4.2.2  Cleanup                                              
3600B       Cleanup                                                     
            .                                                           
            .                                                           
            .                                                           
3630B       Silica Gel Cleanup                                          
3640A       Gel-Permeation Cleanup                                      
            .                                                           
            .                                                           
            .                                                           
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       
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 High-Resolution 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                    
[[Page 3094]]                                                           
                                                                        
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        
            .                                                           
            .                                                           
            .                                                           
------------------------------------------------------------------------
\1\The 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 HSWA-related 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.
[[Page 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:


Sec. 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