[Federal Register Volume 69, Number 106 (Wednesday, June 2, 2004)]
[Rules and Regulations]
[Pages 31008-31013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12299]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 141
[OW-2003-0067; FRL-7668-9]
RIN 2040-AE62
National Primary Drinking Water Regulations: Analytical Method
for Uranium
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency is taking direct final
action to approve the use of three additional analytical methods for
compliance determinations of uranium in drinking water. These methods
use an inductively coupled plasma mass spectrometry (ICP-MS) technology
that has gained wide acceptance in the analytical community. EPA
believes that ICP-MS analytical methods could be more cost-effective,
less labor-intensive or more sensitive than some of the technologies
previously approved in the December 2000 Radionuclides rule. (65 FR
76708) This rule does not withdraw approval of any previously approved
monitoring methods for uranium.
EPA is publishing this rule without prior proposal because we view
this as noncontroversial and anticipate no adverse comment. However, in
the ``Proposed Rules'' section of today's Federal Register publication,
we are publishing a separate document that will serve as the proposal
to National Primary Drinking Water Regulations: Analytical Method for
Uranium if adverse comments are filed.
Through this action, EPA only requests comment on whether approval
of the ICP-MS methods published by EPA, American Society of Testing and
Materials International (ASTM), and the Standard Methods Committee (EPA
200.8, ASTM D5673-03, and SM 3125), is appropriate for compliance
determinations of uranium in drinking water. Readers should please note
that EPA is not requesting comment on any other use of these three ICP-
MS methods, use of any other ICP-MS method, or any issue associated
with the uranium standard or its implementation, and EPA will not
respond to any comments other than those concerning the approval of
these specific methods (as cited) for compliance determinations of
uranium in drinking water.
DATES: This rule is effective on August 31, 2004, without further
notice, unless EPA receives adverse comment by July 2, 2004. If we
receive such comment, we will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect. The incorporation by reference of certain publications listed
in this rule is approved by the Director of the Federal Register as of
August 31, 2004.
ADDRESSES: Submit your comments, identified by Docket ID No. OW-2003-
0067, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Mail: OW Docket, Environmental Protection Agency,
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include a total of 4 copies.
Hand Delivery: OW Docket, EPA Docket Center, EPA/DC, EPA
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. OW-2003-0067.
EPA's
[[Page 31009]]
policy is that all comments received will be included in the public
docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102). Please see the companion proposed rule published in
the ``Proposed Rule'' section of today's Federal Register, entitled
``National Primary Drinking Water Regulations: Analytical Method for
Uranium'' (see ADDRESSES section for instructions on submitting
comments to the Water Docket).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the OW Docket, EPA Docket Center, EPA/DC, EPA West, Room B102,
1301 Constitution Avenue, NW, Washington, DC. This Docket Facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is (202) 566-2426. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744.
FOR FURTHER INFORMATION CONTACT: General Information--Lisa Christ,
Office of Ground Water and Drinking Water, Mailcode: 4606M,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 564-8354; e-mail address:
[email protected], Technical information--David Huber, Office of
Ground Water and Drinking Water, Mailcode: 4606M, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 564-4878; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Does This Action Apply to Me?
Entities potentially regulated by this regulation are public water
systems that are classified as community water systems (CWSs). A
community water system (CWS) means a public water system which serves
at least 15 service connections used by year-round residents or
regularly serves at least 25 year-round residents. Categories and
entities potentially regulated by this action include the following:
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Examples of potentially
Category regulated entities NAICS \1\
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Industry....................... Privately-owned 221310
community water
systems.
State, Tribal, Local, and Publicly-owned 924110
Federal Government. community water
systems.
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\1\ National American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility is regulated by this action, you should carefully examine
the applicability criteria in Sec. 141.66 of title 40 of the Code of
Federal Regulations. If you have questions regarding the applicability
of this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
II. What Is EPA's Statutory Authority and Background for This Final
Rule?
The Safe Drinking Water Act (SDWA), as amended in 1996, requires
EPA to promulgate national primary drinking water regulations (NPDWRs)
which specify maximum contaminant levels (MCLs) or treatment techniques
for drinking water contaminants (SDWA section 1412 (42 U.S.C. 300g-1)).
NPDWRs apply to public water systems pursuant to SDWA section 1401 (42
U.S.C. 300f(1)(A)). According to SDWA section 1401(1)(D), NPDWRs
include ``criteria and procedures to assure a supply of drinking water
which dependably complies with such maximum contaminant levels;
including accepted methods for quality control and testing
procedures.'' In addition, SDWA section 1445(a) authorizes the
Administrator to establish regulations for monitoring to assist in
determining whether persons are acting in compliance with the
requirements of the SDWA. EPA's promulgation of analytical methods is
authorized under these sections of the SDWA, as well as the general
rulemaking authority in SDWA section 1450(a), (42 U.S.C. 300j-9(a)). As
discussed earlier in section I.A of this preamble, the action proposed
herein would affect CWSs. CWSs are a subset of public water systems.
(40 CFR 141.2)
On December 7, 2000 (65 FR 76708), EPA published a final
radionuclides rule in the Federal Register that included monitoring
requirements and a MCL of 30 micrograms per liter (30 [mu]g/L) for
uranium that took effect in December 2003. In the preamble to the
December 2000 rule, EPA noted that several commenters asked EPA to
consider the approval of compliance monitoring methods that use an
inductively coupled plasma mass spectrometry (ICP-MS) technology. (65
FR 76724) These commenters suggested that ICP-MS analytical methods
could be more cost-effective, less labor-intensive or more sensitive
than some of the technologies approved in the December 2000 rule. In
response to these comments, EPA stated that the Agency was reviewing
ICP-MS
[[Page 31010]]
technology for possible proposal in a future rulemaking. EPA has
completed this review and in today's direct final rule is approving
three methods that use ICP-MS technology. The methods are equivalent
and published by EPA, American Society for Testing and Materials
International (ASTM), and the Standard Methods (SM) Committee. The
methods are EPA 200.8, ASTM D5673-03, and SM 3125.
III. What Is EPA Doing Today?
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse comment.
These methods have been thoroughly vetted by industry and the drinking
water community. The methods will decrease the implementation burden of
the December 2000 Radionculides Rule that promulgated a drinking water
standard for uranium. However, in the ``Proposed Rules'' section of
today's Federal Register publication, we are publishing a separate
document that will serve as the proposal to ``National Primary Drinking
Water Regulations: Analytical Method for Uranium'' if adverse comments
are filed. This rule will be effective on August 31, 2004, without
further notice unless we receive adverse comment by July 2, 2004. If
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the companion proposed rule published separately in today's
Federal Register.
IV. Summary of ICP-MS Technology
EPA reviewed ICP-MS methods published by EPA, ASTM International,
and the Standard Methods Committee. In each of these methods, sample
material in solution is introduced by pneumatic nebulization into a
radiofrequency plasma where energy transfer processes cause
desolvation, atomization and ionization. The ions are extracted from
the plasma through a differentially pumped vacuum interface and
separated on the basis of their mass-to-charge ratio by a quadrupole
mass spectrometer having a minimum resolution capability of one atomic
mass unit peak width at five percent peak height. The ions transmitted
through the quadrupole are detected by an electron multiplier or
Faraday detector and the ion information processed by a data handling
system. The sensitivity of each ICP-MS method for compliance
determinations of uranium in drinking water is acceptable and is
sensitive enough to detect at less than one part per billion (1 ug/L).
The uranium MCL is 30 ug/L.
EPA reviewed each of these methods for performance and
applicability to compliance determinations of uranium in drinking
water. Three of these methods, EPA 200.8, ASTM D5673-03 and SM 3125,
have acceptable performance and are otherwise suitable for compliance
determinations of uranium in drinking water. Method EPA 200.8 was
published by EPA in 1994; method ASTM D5673-03 was published by ASTM
International in 2003; and SM 3125 was published by the Standard
Methods Committee in 1998. In today's action, EPA is approving the use
of these ICP-MS methods for compliance determinations of uranium in
drinking water. EPA is taking this action in response to stakeholder
requests.
EPA is not, in today's action, approving the use of these methods
for any other purposes. EPA notes that EPA 200.8 was approved for
compliance determinations of several regulated metals in drinking water
on December 5, 1994. (59 FR 62456) EPA also recognizes that the other
two ICP-MS methods approved through today's action for determination of
uranium may also be applicable to monitoring for other drinking water
contaminants. Although the analytical scope of ASTM D5673-03 and SM
3125 extends beyond uranium, these two methods were not published until
2003 and 1998, respectively. In a later rulemaking, EPA may consider
extending the use of ASTM D5673-03 and SM 3125 to compliance
determinations of regulated metals.
Like flourometric and laser phosphorimetry methods, ICP-MS measures
uranium mass only; therefore all caveats discussed in the December 2000
Radionuclides Rule on using mass methods to determine contributions to
gross alpha also apply (65 FR 76724).
Today's direct final rule does not effect approval of the 15
methods currently specified at 40 CFR 141.25(a) for compliance
determinations of uranium.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of 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.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This action does not impose any new requirements, it only approves
three additional voluntary analytical methods for compliance
determinations of uranium in drinking water.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the
[[Page 31011]]
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small government jurisdictions.
The RFA provides default definitions for each type of small entity.
It also authorizes an agency to use alternative definitions for each
category of small entity, ``which are appropriate to the activities of
the agency'' after proposing the alternative definition(s) in the
Federal Register and taking comment. 5 U.S.C. 601(3)-(5). In addition
to the above, to establish an alternative small business definition,
agencies must consult with the Small Business Administration's (SBA's)
Chief Counsel for Advocacy.
For purposes of assessing the impacts of today's rule on small
entities, EPA considered small entities to be public water systems
serving 10,000 or fewer persons. This is the cut-off level specified by
Congress in the 1996 Amendments to the Safe Drinking Water Act for
small system flexibility provisions. In accordance with the RFA
requirements, EPA proposed using this alternative definition in the
Federal Register (63 FR 7620, February 13, 1998), requested public
comment, consulted with the Small Business Administration (SBA), and
finalized the alternative definition for all future drinking water
regulations in the Consumer Confidence Reports regulation (63 FR 44511,
August 19, 1998). As stated in that Final Rule, the alternative
definition would be applied to this regulation as well.
This direct final rule imposes no cost on any entities over and
above those imposed by the final Radionuclides Rule. (65 FR 76708) This
action merely allows three additional analytical methods for compliance
determinations of uranium in drinking water. The adoption of these
methods are voluntary because drinking water systems can continue to
use the existing approved methods.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates (under the regulatory
provision of Title II of the UMRA) for State, local, or Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, local, or Tribal governments or the private sector. It
merely provides drinking water utilities with three additional
voluntary analytical methods to use to meet existing monitoring
requirements. Thus, today's rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
EPA has determined that this final rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The adoption and use of these methods is voluntary because
drinking water systems can continue to use the existing approved
methods. Thus, today's rule is not subject to the requirements of
section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have Federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. There is no cost to State and
local governments, and the final rule does not preempt State law. This
direct final rule imposes no cost on any State, or local governments.
This final rule merely provides for the voluntary use of three
additional analytical methods for compliance determinations of uranium
in drinking water. Thus, Executive Order 13132 does not apply to this
final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, (November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have Tribal implications. It will not have
substantial direct effects on Tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
There is no cost to Tribal governments,
[[Page 31012]]
and the final rule does not preempt Tribal law. This final rule imposes
no additional cost on any Tribal government. This final rule merely
provides for the voluntary use of three additional analytical methods
for compliance determinations of uranium in drinking water. Thus,
Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885 April 23, 1997) applies to
any rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks. This final rule
merely provides for the voluntary use of three additional analytical
methods for compliance determinations of uranium in drinking water.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This rulemaking involves technical standards. In addition to
approving EPA 200.8, EPA has decided to use two voluntary consensus
methods (ASTM International D5673-03, and the Standard Methods (SM)
Committee 3125) for compliance determinations of uranium in drinking
water. Approval of these methods is in accordance with the goals of the
NTTAA. EPA believes that ICP-MS analytical methods could be more cost-
effective, less labor-intensive or more sensitive than some of the
technologies previously approved in the December 2000 Radionuclides
Rule. (65 FR 76708) This rule does not withdraw approval of any
previously approved monitoring methods for uranium. Copies of both
voluntary consensus methods are available for viewing at the docket
facility identified in section I.B.1.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective August 31, 2004.
List of Subjects for 40 CFR Part 141
Environmental protection, Chemicals, Incorporation by reference,
Indians-lands, Intergovernmental relations, Radiation protection,
Reporting and recordkeeping requirements, Water supply.
Dated: May 24, 2004.
Michael O. Leavitt,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter 1 of the
Code of Federal Regulations is amended as follows:
PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS
0
1. The authority citation for part 141 continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-
5, 300g-6, 300j-4, 300j-9, and 300j-11.
0
2. Section 141.25 is amended as follows:
0
a. Revising the entry for uranium in the table at paragraph (a),
0
b. Revising footnote 1 in the table at paragraph (a),
0
c. Revising footnote 2 in the table at paragraph (a),
0
d. Revising footnote 3 in the table at paragraph (a),
0
e. Revising footnote 5 in the table at paragraph (a),
0
f. Revising footnote 6 in the table at paragraph (a),
0
g. Revising footnote 8 in the table at paragraph (a),
0
h. Revising footnote 12 in the table at paragraph (a), and
0
i. Adding footnote 13 in the table at paragraph (a). The revisions and
addition read as follows:
Sec. 141.25 Analytical methods for radioactivity.
(a) * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Reference (method or page number)
Contaminant Methodology ------------------------------------------------------------------------------------------------------------------------------------
EPA \1\ EPA \2\ EPA \3\ EPA \4\ SM \5\ ASTM \6\ USGS \7\ DOE \8\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Uranium \12\....................... Radiochemical......... 908.0 ........ ........ ........ 7500-U B ................... ...................... ............
Fluorometric.......... 908.1 ........ ........ ........ 7500-U C (17th Ed.) D 2907-97 R-1180-76, R-1181-76 U-04
ICP-MS................ \13\ ........ ........ ........ 3125 D5673-03 ...................... ............
200.8
[[Page 31013]]
Alpha spectrometry.... ........ ........ 00-07 p-33 7500-U C (18th, 19th or 20th D3972-97 R-1182-76 U-02
Ed.)
Laser Phosphorimetry.. ........ ........ ........ ........ ................................ D5174-97 ...................... ............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
The procedures shall be done in accordance with the documents listed below. The incorporation by reference of documents 1 through 10 and 13 was approved by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be obtained from the sources listed below. Information regarding obtaining these documents can be obtained
from the Safe Drinking Water Hotline at 800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, EPA West, 1301 Constitution Avenue, NW, Room B135, Washington, DC (Telephone:
202-566-2426); or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
\1\ ``Prescribed Procedures for the Measurement of Radioactivity in Drinking Water'', EPA 600/4-80-032, August 1980. Available at the U.S. Department of Commerce, National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161 (Telephone 800-553-6847), PB 80-224744, except Method 200.8, ``Determination of Trace Elements in Waters and Wastes by
Inductively Coupled Plasma-Mass Spectrometry,'' Revision 5.4, which is published in ``Methods for the Determination of Metals in Environmental Samples--Supplement I,'' EPA 600-R-94-111, May
1994. Available at NTIS, PB95-125472.
\2\ ``Interim Radiochemical Methodology for Drinking Water'', EPA 600/4-75-008(revised), March 1976. Available at NTIS, ibid. PB 253258.
\3\ ``Radiochemistry Procedures Manual'', EPA 520/5-84-006, December, 1987. Available at NTIS, ibid. PB 84-215581.
\4\ ``Radiochemical Analytical Procedures for Analysis of Environmental Samples'', March 1979. Available at NTIS, ibid. EMSL LV 053917.
\5\ ``Standard Methods for the Examination of Water and Wastewater'', 13th, 17th, 18th, 19th Editions, or 20th edition, 1971, 1989, 1992, 1995, 1998. Available at American Public Health
Association, 1015 Fifteenth Street NW., Washington, DC 20005. Methods 302, 303, 304, 305 and 306 are only in the 13th edition. Methods 7110B, 7500-Ra B, 7500-Ra C, 7500-Ra D, 7500-U B, 7500-
Cs B, 7500-I B, 7500-I C, 7500-I D, 7500-Sr B, 7500-3H B are in the 17th, 18th, 19th and 20th editions. Method 7110 C is in the 18th, 19th and 20th editions. Method 7500-U C Fluorometric
Uranium is only in the 17th Edition, and 7500-U C Alpha spectrometry is only in the 18th, 19th and 20th editions. Method 7120 is only in the 19th and 20th editions. Methods 302, 303, 304,
305 and 306 are only in the 13th edition. Method 3125 is only in the 20th edition.
\6\ Annual Book of ASTM Standards, Vol. 11.01 and 11.02, 1999; ASTM International any year containing the cited version of the method may be used. Copies of these two volumes and the 2003
version of D 5673-03 may be obtained from ASTM International. 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959.
\7\ ``Methods for Determination of Radioactive Substances in Water and Fluvial Sediments'', Chapter A5 in Book 5 of Techniques of Water-Resources Investigations of the United States Geological
Survey, 1977. Available at U.S. Geological Survey (USGS) Information Services, Box 25286, Federal Center, Denver, CO 80225-0425.
\8\ ``EML Procedures Manual'', 28th (1997) or 27th (1990) Editions, Volumes 1 and 2; either edition may be used. In the 27th Edition Method Ra-04 is listed as Ra-05 and Method Ga-01-R is
listed as Sect. 4.5.2.3. Available at the Environmental Measurements Laboratory, U.S. Department of Energy (DOE), 376 Hudson Street, New York, NY 10014-3621.
* * * * * * *
\12\ If uranium (U) is determined by mass, a 0.67 pCi/[mu]g of uranium conversion factor must be used. This conversion factor is based on the 1:1 activity ratio of U-234 and U-238 that is
characteristic of naturally occurring uranium.
\13\ ``Determination of Trace Elements in Waters and Wastes by Inductively Coupled Plasma-Mass Spectrometry,'' Revision 5.4, which is published in ``Methods for the Determination of Metals in
Environmental Samples--Supplement I,'' EPA 600-R-94-111, May 1994. Available at NTIS, PB 95-125472.
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[FR Doc. 04-12299 Filed 6-1-04; 8:45 am]
BILLING CODE 6560-50-P