10168 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[WH-FRL-5689-9]
RIN 2040-AC88
National Primary Drinking Water
Regulations: Analytical Methods for
Rad ion ucl ides
AGENCY: Environmental Protection
Agency.
ACTION: Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is approving the use of 66
additional analytical methods for
compliance with current radionuclide
drinking water standards and
monitoring requirements. The methods
are applicable to gross alpha, gross beta,
tritium, uranium, radium-226, radium-
228, gamma emitters, and radioactive
cesium, iodine and strontium. This rule
is expected to satisfy public requests for
approval of new analytical technologies
for measuring contaminants in drinking
water. This rule imposes no burden,
because it does not withdraw approval
of any previously approved method.
Today's final rule follows the Proposed
Notice of Rulemaking for Radionuclides
in Drinking Water published on July 18,
1991. The 1991 rule making proposed to
approve analytical methods and
establish Maximum Contaminant Level
Goals (MCLGs) and National Primary
Drinking Water Regulations (NPDWRs)
for several radionuclides. Today's final
rule is limited to the approval of
additional analytical methods. In
addition, since EPA received comments
suggesting approval of additional
methods during the comments period,
EPA is proceeding with direct final rule
making on 12 of the suggested methods.
EPA is inviting comments on these 12
methods elsewhere in today's rule.
DATES: The effective date for
amendment 2 is April 4, 1997. The
effective date for amendment 3 is May
5, 1997 unless EPA receives adverse
comments by April 4, 1997 requiring a
response. If EPA receives adverse
comments, EPA will publish a timely
withdrawal of amendment 3.
The incorporation by reference of the
publications listed in this regulation is
approved by the Director of the Federal
Register as of April 4, 1997.
This regulation shall be considered
final Agency action on May 9, 1997 at
1:00 p.m. Eastern Standard Time for
purposes of judicial review in
accordance with 40 CFR 23.7.
ADDRESSES: Adverse comments on the
direct final rule must be submitted to
Chemistry Methods Docket Clerk, MC
4101, 401 M street, S.W., Washington,
D.C. 20460. Copies of the public
comments received, EPA responses, and
all other supporting documents
(including references included in this
notice) are available for review at the
U.S. Environmental Protection Agency,
Water Docket, 401 M Street, S.W.
Washington, D.C. 20460. For access to
the docket materials, call 202-260-3027
on Monday through Friday, excluding
Federal holidays, between 9:00 a.m. and
3:30 p.m. Eastern Time for an
appointment. Copies of methods
published by EPA are available for a
nominal cost through the National
Technical Information Service (NTIS),
U.S. Department of Commerce, 5285
Port Royal Road, Springfield, VA 22161.
NTIS also may be reached at 800-553-
6847. All other methods must be
obtained from the publisher. Sources
(with addresses) for all approved
methods are cited at 40 CFR Part 141
and in the References section of today's
rule.
FOR FURTHER INFORMATION CONTACT:
Dr. Richard Reding, Office of Ground
Water and Drinking Water, U.S.
Environmental Protection Agency, 26
West Martin Luther King Drive,
Cincinnati, OH 45268, 513-569-7961;
Dr. Jitendra Saxena, Office of Ground
Water and Drinking Water (4603), U.S.
Environmental Protection Agency, 401
M Street, S.W., Washington, D.C. 20460,
202-260-9579; or one of the EPA
Regional Office contacts listed below.
General information may also be
obtained from the EPA Drinking Water
Hotline. Callers within the United States
may reach the Safe Drinking Water
Hotline at 800-426-4791. The Safe
Drinking Water Hotline is open Monday
through Friday, excluding Federal
holidays, from 9:00 a.m. to 5:30 p.m.
Eastern Time.
For technical information regarding
the methods contact Stephen Pia,
National Exposure Research Laboratory,
Office of Research and Development,
U.S. Environmental Protection Agency,
P.O. Box 93478, Las Vegas, NV 89193-
3478, 702-798-2102.
EPA Regional Offices:
I JFK Federal Bldg., One Congress
Street, llth floor, Boston, MA 02203,
Phone: 617-565-3602, Jerry Healey
II 290 Broadway, 24th Floor, New
York, NY 10007, Phone: 212-637-
3880, Walter Andrews
III 841 Chestnut Building,
Philadelphia, PA 19107, Phone: 215-
597-6511, Victoria Binetti
IV 345 Courtland Street, N.E., Atlanta,
GA 30365, Phone: 404-347-2207,
Wayne Aronson
V 77 West Jackson Boulevard, Chicago,
IL 60604, Phone: 312-886-6206,
Charlene Denys
VI 1445 Ross Avenue, Suite 1200,
Dallas, TX 75202, Phone: 214-655-
7150, Oscar Cabra
VII 726 Minnesota Avenue, Kansas
City, KS 66101, Phone: 913-551-
7682, Robert Morby
VIII One Denver Place, 999 18th Street,
Suite 500, Denver, CO 80202, Phone:
303-293-1652, Patrick Crotty
IX 75 Hawthorne Street, San
Francisco, CA 94105, Phone: 415-
744-1817, Doris Betuel
X 1200 Sixth Avenue, Seattle, WA
98101, Phone: 206-553-1893, Larry
Worley.
SUPPLEMENTARY INFORMATION:
Regulated entities: Entities potentially
regulated by this action are listed below:
Category
Public Water Systems
Example of regulated
entities
All public water sys-
tems that have at
least 15 service
connections or reg-
ularly serve an av-
erage of at least 25
individuals daily at
least 60 days out of
the year.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the type of entities that EPA is now
aware could potentially be regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether your
business is regulated by this action, you
should carefully examine the
applicability of the current radionuclide
drinking water standards and
monitoring requirements in § 141.15
and 141.16 of title 40 of the Code of
Federal Regulations. If you have
questions regarding the applicability of
this action to a particular entity, consult
the persons listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Table of Contents
I. Statutory Authority
II. Regulatory Background
III. Explanation of Today's Action
IV. Response to Comments Received on the
Proposed Rule
V. Regulation Assessment Requirements
VI. References
I. Statutory Authority
The Safe Drinking Water Act (SDWA),
as amended in 1996, requires EPA to
promulgate national primary drinking
water regulations (NPDWRs) which
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Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 10169
specify maximum contaminant levels
(MCLs) or treatment techniques for
drinking water contaminants (42 USC
300g-l). NPDWRs apply to public water
systems (42 USC 300f(l)(A)). According
to section 1401(1)(D) of the Act,
NPDWRs include "criteria and
procedures to assure a supply of
drinking water which dependably
complies with such maximum
contaminant levels; including quality
control and testing procedures * * *."
In addition, Section 1445(a) of the Act
authorizes the Administrator to
establish regulations for monitoring to
assist in determining whether persons
are acting in compliance with the
requirements of the SDWA. EPA's
promulgation of analytical methods is
authorized under these sections of the
SDWA as well as the general rulemaking
authority in SDWA Section 1450(a) (42
USC 300j-9(a)).
II. Regulatory Background
EPA has promulgated analytical
methods for all currently regulated
drinking water contaminants for which
MCLs or monitoring requirements have
been promulgated. In most cases, the
Agency has promulgated regulations
specifying (i.e., approving) use of more
than one analytical method for
measurement of a contaminant, and
laboratories may use any approved
method for determining compliance
with an MCL or monitoring
requirement. After any regulation is
published, EPA may amend the
regulations to approve additional
methods, or modifications to approved
methods, or withdraw methods that
become obsolete.
On July 18, 1991 (56 FR 33050), EPA
proposed to increase the number of
methods approved for radionuclide
monitoring by proposing the use of
several new methods. EPA believed that
these methods were as good as, or better
than, existing approved methods and
procedures. EPA also proposed drinking
water standards (NPDWRs and MCLGs)
and laboratory certification criteria for
several radionuclides, including radon.
EPA requested public comments on all
of these proposed actions. Today's
notice takes final action only on the
approval of methods for gamma
emitters, gross alpha, gross beta,
radium-226, radium-228, uranium,
tritium and radioactive cesium, iodine,
and strontium. For the reasons
discussed below, revision of standards
for these radionuclides, and standards
and analytical methods for radon-222
may be addressed in a separate rule.
In 1995 EPA initiated a dialogue with
stakeholders to prioritize EPA drinking
water activities in order to maximize
health risk reduction. That dialogue
resulted in a draft report, published for
comment in November, 1995 (EPA
1995), proposing to reallocate EPA's
resources to those projects which have
the highest risk reduction potential.
Assuring that analytical test methods for
determining compliance with existing
standards remained "up to date"
received significant stakeholder
support. Therefore, in today's rule, EPA
is approving some of the proposed
radionuclide methods. EPA is not taking
action on any radon analytical methods
or on any of the MCLGs or NPDWRs that
were proposed in the 1991 notice.
Schedule for rulemaking on radon and
other radionuclides is governed by the
1996 SDWA Amendments.
III. Explanation of Today's Action
Today's action promulgates analytical
methods for measurement of
radionuclides in drinking water based
on the 1991 proposal (54 methods) and
on the public comments received on the
1991 proposal (12 methods). This action
also corrects method citation and
typographical errors made in the 1991
proposal. EPA is not withdrawing any of
the 14 previously approved methods in
today's action, which means the EPA
Methods, the Standard Methods (13th
edition) and ASTM methods that were
previously cited at 40 CFR 141.25(a) are
still approved and included in
amendments 2 and 3. Laboratories may
continue to use these 14 methods or
they may choose from a group of 66
methods approved in today's rule. The
effective date for approval of the 54
methods based on the 1991 proposal is
April 4, 1997. The effective date for
approval of the 12 methods submitted as
public comments is May 5, 1997 (see
explanation below).
In the 1991 notice the Agency
proposed 56 new methods for
measuring radionuclides in drinking
water. The Agency is approving all but
two of these methods. The analytical
methods proposed were considered to
be economically and technologically
feasible for compliance monitoring. EPA
analyzed the most recent available
information and considered public
comments on the proposal in arriving at
the final selection of methods in the
table at 40 CFR 141.25(a). Method D-
1943-81 was proposed but is not
approved today for gross alpha
determinations because EPA realized
that the 500 pCi/L lower limit of the
method is too high to be of use for
drinking water analysis. A precipitation
method (Cs-01) for cesium was also
proposed but is not approved because
the method is no longer supported by its
developer, the U.S. Department of
Energy.
Twelve of the methods approved in
today's rule using direct final
rulemaking, are based on the public
comments received on the 1991
proposal. Commenters submitted
several methods or techniques for
consideration for approval. EPA
evaluated and compared the sensitivity,
accuracy, precision and selectivity of
the suggested methods to the method
performance requirements at 40 CFR
141.25 and to the data in previously
approved methods. EPA also
determined whether the performance
data submitted by the commenter would
insure compliance with the
radionuclide MCLs and monitoring
requirements at 40 CFR 141.15, 141.16,
141.25 and 141.26. Based on this
evaluation EPA is approving twelve of
these methods all of which are
published, supported and extensively
peer reviewed by highly respected
method organizations. Of the twelve
methods, six are published by the
Standard Methods Committee, two by
the American Society for Testing and
Materials (ASTM), two by the U.S.
Geological Survey (USGS) and two by
the Department of Energy (DOE). Eleven
of these methods use technologies that
underlie methods that were proposed.
Only one method uses a technology that
was not proposed in the 1991 rule. This
new cost-saving technology, pulsed
laser phosphorimetry, was not proposed
because no validated method was
available at the time of proposal.
Approving these additional methods
will cause no burden because their use,
like use of all of the methods approved
in this rule, is optional.
The Agency is publishing the twelve
methods suggested by public comment
on the 1991 proposed rule as a "direct
final" rule. A direct final rule is not an
"interim final" rule (i.e. a rule which
provides for public comment after it has
gone into effect); rather it is a rule
which is published with a delayed
effective date allowing for the receipt of
and response to public comment before
the rule goes into effect. If EPA receives
comments requiring response, then EPA
will take additional action necessary to
respond to those comments prior to the
effective date (i.e. either withdraw the
direct final rule or promulgate today's
companion proposal). This rule thus
complies with notice-and-comment
requirements under the Administrative
Procedure Act (APA). EPA has chosen
to use the direct final approach for these
twelve methods because the Agency
does not expect to receive adverse
public comment and to allow for the
most expeditious implementation
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possible consistent with the APA.
Elsewhere in today's Federal Register,
EPA is proposing these twelve methods.
If EPA decides to withdraw any or all
of these methods based on public
comment, EPA will proceed with a
revised rule based on this proposal.
There will not be an additional
comment period, so parties interested in
commenting on the proposed rule
should do so at this time.
The methods approved based on
public comments and their analytes are:
a co-precipitation method for gross
alpha (71 IOC), two radon emanation
and two radiochemical methods for
radium-226 (7500-Ra C, Ra-05, D 2460-
90 and R-1140-76), an alpha
spectrometry and a laser
phosphorimetry method for uranium
(7500-U C and D 5174-91), one
radiochemical and one gamma
spectrometry method for cesium (ti-
ll 11-76 and 7120), one radiochemical
and one gamma spectrometry method
for iodine (7500-1 C and 7500-1 D) and
a radiochemical method for strontium
(SR-02). EPA evaluated and selected
these methods using the same criteria
(sensitivity, accuracy, precision and
selectivity) that were used to select
methods for the 1991 proposal (56 FR
33092-33093). In the proposal EPA
stated that the "reliability of these
[proposed] methods has been
demonstrated by a history of many
years' use by state, federal and private
laboratories". Most of the methods
approved in today's rule have been
collaboratively validated in multi
laboratory studies and the remainder in
single laboratory studies.
Today's rule also corrects method
citations and typographical errors made
in the 1991 proposal. EPA has clarified
the status of method 7500-U C to reflect
a change made by the publisher. In the
18th edition of Standard Methods
(1992), the fluorometric method 7500-U
C for determination of uranium was
dropped and the method number, 7500-
U C, was assigned to an alpha
spectrometry method for uranium. If the
Standard Methods version of the alpha
spectrometry method had been
published earlier, EPA would have
proposed it along with the four alpha
spectrometry and five fluorometric
methods for uranium that were
proposed in the 1991 rule (56 FR
33124). As EPA is interested in
approving both fluorometric and alpha
spectrometric methods for uranium, this
final rule approves method 7500-U C as
a fluorometric method in the 17th
edition of Standard Methods and as an
alpha spectrometry method in the 18th
and 19th editions of Standard Methods.
The method numbers in the 1991
proposal for a radiochemical iodine
method and a liquid scintillation
method were incorrect. These methods
are approved and correctly listed in
today's rule as methods D 4785-93 and
D 4107-91. Other errors, which include
page number references in the "Interim
Radiochemical Methodology for
Drinking Water" manual (EPA 1976),
method numbers in the "EML
Procedures Manual" (DOE 1990) and in
the "Radiochemical Procedures
Manual" (EPA 1987), and the
publication date of the U.S. Geological
Survey (USGS) book, are also corrected
in today's rule.
IV. Response to Comments Received on
the Proposed Rule
EPA received 160 analytical method
related comments on the 1991 proposed
rule. Commenters represented analytical
laboratories, water utilities, instrument
manufacturers, State and local
governments, and trade associations.
The majority of these comments dealt
with radon methods, laboratory
certification criteria and questions about
the applicability of the methods to the
proposed regulations. Only 27
comments were related to the methods
covered by today's rule. Overall, public
comments strongly supported approval
of new and innovative methods for
compliance with current radionuclide
drinking water standards and
monitoring requirements. A summary of
major comments and the Agency's
response to the issues raised are
presented in this section. The Agency's
detailed response to these comments is
available in the public docket for this
rule (EPA 1996).
Several commenters submitted
radiochemical analytical methods or
techniques to EPA for consideration for
approval. EPA has approved 12 of the
suggested methods because EPA
believes they are as good as or better
than existing methods and procedures,
and have been extensively validated and
peer reviewed. EPA has not approved 7
methods because these methods were
not accompanied with the supporting
data that the Agency believes is
necessary for their evaluation.
Commenters recommended approval
of pulsed laser phosphorimetry for
analysis of uranium because it uses
modern technology that is easier to use
than the currently approved
fluorometric methods. EPA agrees with
this suggestion and as noted above, is
approving laser phosphorimetry method
D-5174-91. This method was published
by ASTM in 1992 and has been
validated to show that laser
phosphorimetry is as good as or better
than previously approved techniques,
such as fluorometry, for the analysis of
uranium in drinking water samples.
EPA believes that laboratories may
adopt the laser phosphorimetry method
because this technology can increase
hourly sample production to 15-20
samples as compared to 2-5 samples
using current fluorometric and alpha
spectrometric technologies.
EPA was asked to withdraw approval
of the fluorometric methods for
determination of uranium because the
methods are old and somewhat
cumbersome compared to laser
phosphorimetry. EPA disagrees that
fluorometric methods should be
withdrawn. Although these methods
were approved about twenty years ago,
they are not obsolete. These methods
provide acceptable results and they are
still used by many laboratories. It would
be costly, burdensome and unnecessary
to require laboratories to adopt to
another technique. The commenter did
not provide (and EPA does not have)
data to show that these methods have
become unacceptable for compliance
determinations of uranium.
In the 1991 notice EPA proposed to
replace americium-241 (Am-241) with
thorium-230 (Th-230) as the calibration
standard in gross alpha activity methods
because Am-241 "tended to bias
analytic results" (56 FR 33094).
Commenters agreed with EPA's
proposal but recommended that EPA
also allow use of natural uranium (Unat)
as a calibration standard. They stated
that the alpha energies of both Unat and
Th-230 better approximate the alpha
energies of uranium and radium-226,
and both isotopes also better
approximate the attenuation of the
alpha particles caused by drinking water
dissolved solids. EPA agrees with the
comment and a footnote in the table of
approved methods at 40 CFR 141.25(a)
now approves use of either Unat or Th-
230 as calibration standards for gross
alpha analyses with co-precipitation
and evaporation methods. EPA believes
that Am-241 is only suitable for use
with co-precipitation methods.
Therefore, future revisions of the
evaporation methods may specify use of
only Unat and Th-230 as calibration
standards. One commenter asked where
to obtain standards of Th-230 for use
with the gross alpha methods. Th-230 is
readily available in a concentrated form
from commercial vendors.
In the 1991 proposal EPA solicited
comment on what conversion factor to
use with the approved methods that
measure uranium in mass units
(micrograms) rather than in activity
units (picocuries) (56 FR 33095).
Uranium is measured in activity units
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Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 10171
with radiochemical and alpha
spectrometry methods and in mass units
with fluorometric and laser
phosphorimetry methods. All of these
techniques are acceptable provided a
conversion factor is used to convert the
fluorometric or laser phosphorimetric
uranium result from micrograms to
picocuries. The factor is required
because the uranium contribution to the
gross alpha activity MCL of 15 pCi/L
must be evaluated in picocuries not
micrograms (40 CFR 141.15(b)).
This conversion factor is not specified
in the instructions in the approved
mass-type methods for uranium
determinations. In the 1991 proposal
EPA solicited comment on use of a
conversion factor of 1.38 pCi/|ig or 0.67
pCi/|ig. No public comments were
received with respect to what factor to
use to determine the activity
contribution of uranium to the current
gross alpha activity 15 pCi/L MCL. In
today's rule the Agency is selecting the
lower conversion factor, 0.67 pCi/|ig,
because it is a conservative factor that
is based on the 1:1 activity ratio of U-
234 to U-238 characteristic of naturally
occurring uranium.
Several commenters expressed
confusion and wanted clarification
about the approval status of methods
appearing in multiple editions of the
ASTM and Standard Methods
publications. As ASTM annually
reprints all of the methods contained in
the Annual Book of ASTM Methods,
even methods that have not been
editorially or technically revised, EPA
permits the use of any edition of the
ASTM book that contains the EPA-
approved version of the compliance
method. EPA is also approving at this
time versions of the radionuclide
methods in Standard Methods for the
Examination of Water and Wastewater
that are in the 13th, 17th, 18th and 19th
editions of this publication. In the 1994
methods rule which covered chemistry
and microbiology methods (59 FR
62456), EPA approved only one version
of each compliance method that was
published in Standard Methods. EPA
approved only one version because later
versions generally contained
improvements in safety, quality
assurance or performance. EPA feels
that changes in the recent versions of
radionuclide methods have not been
significant enough to warrant
withdrawing the previous versions.
V. Regulation Assessment
Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR
51735; October 4, 1993), the Agency
must determine whether the regulatory
action is "significant" and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines "significant
regulatory action" as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlement, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in the Executive Order.
It has been determined that this rule
is not a "significant regulatory action"
under the terms of Executive Order
12866 and is therefore not subject to
OMB review.
B. Regulatory Flexibility Act
Pursuant to section 605 (b) of the
Regulatory Flexibility Act, 5 U.S.C.
605(b), the Administrator certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities. This rule
specifies additional analytical methods
that laboratories may choose to use in
lieu of existing approved methods for
compliance measurement of
radionuclides in drinking water. The
rule does not impose any new
requirements on small entities.
Monitoring requirements were
promulgated in earlier notices and are
unaffected by this rule. This rule merely
increases operational flexibility under
these existing monitoring requirements.
The rule may actually reduce the cost of
compliance monitoring for
radionuclides by allowing laboratories
to use equipment and procedures that
they may already own or have
developed. Therefore, the Agency
believes that this notice would have no
adverse effect on any number of small
entities.
C. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with "Federal mandates" that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most cost-
effective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
Today's rule contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector. Today's rule approves
use of optional analytical methods and
thus provides operational flexibility to
laboratories conducting analysis for
radionuclides in drinking water. The
rule does not withdraw approval of any
previously approved methods. Thus,
today's rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments. The rule is highly
technical and narrow in scope, and the
sole objective of the rule is to increase
the number of methods approved for
measurement of radionuclides in
drinking water. Thus, the rule actually
provides regulatory relief in the form of
increased operational flexibility for
laboratory analysts.
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D. Paperwork Reduction Act
The rule contains no reporting or
record keeping requirements and
consequently not subject to the
Paperwork Reduction Act, 44 U.S.C.
3501 etseq.
E. Science Advisory Board and National
Drinking Water Advisory Council, and
Secretary of Health and Human Services
In accordance with Section 1412(d)
and (e) of the SDWA, the Agency
consulted with the Science Advisory
Board, the National Drinking Water
Advisory Council, and the Secretary of
Health and Human Services for this
action. They had no comments..
F. Submission to Congress and the
General Accounting Office
Under 5 U.S.C. 801(a)(l)(A) as added
by the Small Business Regulatory
Enforcement Fairness Act of 1996, EPA
submitted a report containing this rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives and the Comptroller
General of the General Accounting
Office prior to publication of the rule in
today's Federal Register. This rule is
not a "major rule" as defined by 5
U.S.C. 804(2).
VI. References
APHA. Thirteenth, seventeenth, eighteenth
and nineteenth editions of Standard
Methods for the Examination of Water
and Wastewater, 1971, 1989, 1992, 1995,
American Public Health Association,
1015 Fifteenth Street N.W., Washington,
D.C. 20005.
ASTM. Annual Book of ASTM Methods, Vol.
11.02, 1994. American Society for
Testing and Materials, 100 Barr Harbor
Drive, West Conshohocken, PA 19428.
DOE. "EML Procedures Manual", 27th
Edition, Volume 1,1990. Available at the
Environmental Measurements
Laboratory, U.S. Department of Energy
(DOE), 376 Hudson Street, New York,
NY 10014-3621.
EPA. 1976. "Interim Radiochemical
Methodology for Drinking Water", EPA
600/4-75-008 (revised), March 1976.
Available at U.S. Department of
Commerce, National Technical
Information Service (NTIS), 5285 Port
Royal Road, Springfield, VA 22161
(Telephone 800-553-6847), PB 253258
EPA. 1979. "Radiochemical Analytical
Procedures for Analysis of
Environmental Samples", March 1979,
NTIS EMSLLV 053917.
EPA. 1980. "Prescribed Procedures for
Measurement of Radioactivity in Water",
EPA 600/4-80-032, August 1980, NTIS
PB 80-224744.
EPA. 1987. "Radiochemistry Procedures
Manual", EPA 520/5-84-006, December
1987, NTIS PB 84-215581.
EPA. 1995. Drinking Water Program
Redirection Proposal, November 1995,
pages 8-11, U.S. Environmental
Protection Agency, Office of Water
Resource Center (RC-4100), 401 M.
Street S.W., Washington, D.C. 20460,
EPA810D-95-001.
EPA. 1996. "Response to Comments on
Radionuclide Methods on the July 18,
1991 (56 FR 33050) Radionuclides
Proposed Rule", Office of Water Docket
(MC 4101), 401 M. St. S.W., Washington,
D.C. 20460, July 1996.
NJ. "Determination of Radium-228 in
Drinking Water", August 1990, New
Jersey Department of Environmental
Protection, Division of Environmental
Quality, Bureau of Radiation and
Inorganic Analytical Services, 9 Ewing
Street, Trenton, NJ 08625.
NY. "Determination of Ra-226 and Ra-228
(Ra-02)", January 1980, Revised June
1982, Radiological Institute Center for
Laboratories and Research, New York
State Department of Health, Empire State
Plaza, Albany, NY 12201.
USGS. "Methods for Determination of
Radioactive Substances in Water and
Fluvial Sediments", Chapter A5 in Book
5 of Techniques of Water-Resources
Investigations of the United States
Geological Survey, 1977. Available at
U.S. Geological Survey (USGS),
Information Services, Box 25286, Federal
Center, Denver, CO 80225-0425.
List of Subjects in 40 CFR Part 141
Environmental protection, Analytical
Methods, Incorporation by reference,
Intergovernmental relations,
Monitoring, National Primary Drinking
water regulations, Radionoclides, Water
supply.
Dated: February 10, 1997
Carol M. Browner,
Administrator.
For the reasons set out in the
preamble, part 141 of title 40, Code of
Federal Regulations, are amended as
follows:
PART 141—NATIONAL PRIMARY
DRINKING WATER REGULATIONS
1. The authority citation for part 141
continues to read as follows:
Authority: 42 U.S.C. 300f, 300g-l, 300g-2
300g-3, 300g-4, 300g-5, 300g-6, 300J-4,
300J-9.
2. Section 141.25 is amended by
revising paragraph (a) effective April 4,
1997 to read as follows:
§ 141.25 Analytical methods for
radioactivity.
(a) Analysis for the following
contaminants shall be conducted to
determine compliance with §§141.15
and 141.16 (radioactivity) in accordance
with the methods in the following
Table, or their equivalent as determined
by EPA in accordance with § 141.27.
Contaminant
Naturally occur-
ring:
Gross alpha11
and beta.
Gross alpha 11
Radium 226 ...
Radium 228 ...
Uranium 12 ..
Methodol-
ogy
Evapo-
ration.
Co-pre-
cipita-
tion.
Radon
ema-
nation,
Radioc-
hemical.
Radioche-
mical.
Radioche-
mical.
Fluorome-
tric.
Reference (method or page number)
EPA1
900.0
903.1
903.0
904.0
908.0
908.1
EPA 2
p1
p16
p13
p24
EPA s
00-01
00-02
Ra-04
Ra-03
Ra-05
EPA 4
p1
p19
p19
SM5
302, 7110
B.
304, 305,
7500-
Ra B.
304,
7500-
Ra D.
7500-U B
7500-U C
(17th
Ed.).
ASTM e
D 3454 -91
D 2907-91
USGS 7
R-1120-76
R-1141-76
R-1142-76
R-1 1 80-76
R-1181-76
R-1 1 82-76
DOES
U-04
U-2
Other
N.Y.s
N.Y.s
N. J.10
-------
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 10173
Contaminant
Man-made:
Radioactive
cesium.
Radioactive
iodine.
Radioactive
Strontium
89, 90.
Tritium
Gamma
emitters.
Methodol-
ogy
Alpha
spec-
trometry.
Radioche-
mical.
Gamma
ray
spec-
trometry.
Radioche-
mical.
Gamma
ray
spec-
trometry.
Radioche-
mical.
Liquid
scintilla-
tion.
Gamma
ray.
Spectrom-
etry.
Reference (method or page number)
EPA1
901.0
901.1
902.0
901.1
905.0
906.0
901.1
902.0
901.0
EPA 2
p4
p6
p9
p29
p34
EPA s
00-07
Sr-04
H-02
EPA 4
p33
p92
p92
p. 65
p. 87
p92
SM5
7500-Cs B
7500-I B ..
7120
(19th
Ed.).
303,
7500-Sr
B.
306,
7500-
3H B.
7120
(19th
Ed.).
7500-Cs B
7500-I B ..
ASTM6
D 3972-90
D 2459-72
D 3649-91
D 3649-91
D 4785-88
D 4107-91
D 3649 -91
D 4785 -88
uses 7
R-1 1 1 0 -76
R-1160-76
R-1 171 -76
R-1 1 1 0 -76
DOES
4.5.2.3
4.5.2.3
Sr-01
4.5.2.3
Other
The procedures shall be done in accordance with the documents listed below. The incorporation by reference of documents 1 through 10 was
approved by the Director of the FEDERAL REGISTER in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be ob-
tained from the sources listed below. Information regarding obtaining these documents can be obtained from the Safe Drinking Water Hotline at
800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, 401 M Street, SW., Washington, DC 20460 (Telephone: 202-
260-3027); or at the Office of the FEDERAL REGISTER, 800 North Capitol Street, NW., Suite 700, Washington, DC.
1. "Prescribed Procedures for Measurement of Radioactivity in Drinking Water", EPA 600/4-80-032, August 1980. Available at U.S. Depart-
ment of Commerce, National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161 (Telephone 800-553-6847),
PB 80-224744.
2. "Interim Radiochemical Methodology for Drinking Water", EPA 600/4-75-008 (revised), March 1976. Available at NTIS, ibid. PB 253258.
3. "Radiochemistry Procedures Manual", EPA 520/5-84-006, December 1987. Available at NTIS, ibid. PB 84-215581.
4. "Radiochemical Analytical Procedures for Analysis of Environmental Samples", March 1979. Available at NTIS, ibid. EMSL LV 053917.
5. "Standard Methods for the Examination of Water and Wastewater", 13th, 17th, 18th, 19th Editions, 1971, 1989, 1992, 1995. Available at
American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 20005 . All methods are in the 17th, 18th and 19th editions
except 7500-U C Fluorometric Uranium was discontinued after the 17th Edition, and 302, 303, 304, 305 and 306 are only in the 13th Edition.
6. Annual Book ofASTM Standards, Vol. 11.02, 1994. Available at American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428.
7. "Methods for Determination of Radioactive Substances in Water and Fluvial Sediments", Chapter A5 in Book 5 of Techniques of Water-Re-
sources Investigations of the United States Geological Survey, 1977. Available at U.S. Geological Survey (USGS) Information Services, Box
25286, Federal Center, Denver, CO 80225-0425.
8. "EML Procedures Manual", 27th Edition, Volume 1, 1990. Available at the Environmental Measurements Laboratory, U.S. Department of
Energy (DOE), 376 Hudson Street, New York, NY 10014-3621.
9. "Determination of Ra-226 and Ra-228 (Ra-02)", January 1980, Revised June 1982. Available at Radiological Sciences Institute Center for
Laboratories and Research, New York State Department of Health, Empire State Plaza, Albany, NY 12201.
10. "Determination of Radium 228 in Drinking Water", August 1980. Available at State of New Jersey, Department of Environmental Protec-
tion, Division of Environmental Quality, Bureau of Radiation and Inorganic Analytical Services, 9 Ewing Street, Trenton, NJ 08625.
11. Natural uranium and thorium-230 are approved as gross alpha calibration standards for gross alpha with co-precipitation and evaporation
methods; americium-241 is approved with co-precipitation methods.
12. If uranium (U) is determined by mass, a 0.67 pCi/|ig of uranium conversion factor must be used. This conservative factor is based on the
1:1 activity ratio of U-234 to U-238 that is characteristic of naturally occurring uranium.
3. Section 141.25 is amended by
revising paragraph (a) effective May 5,
1997 to read as follows:
§ 141.25 Analytical Methods for
Radioactivity.
(a) Analysis for the following
contaminants shall be conducted to
determine compliance with §§141.15
and 141.16 (radioactivity) in accordance
with the methods in the following
Table, or their equivalent determined by
EPA in accordance with § 141.27.
Contaminant
Naturally occur-
ring:
Gross alpha11
and beta.
Gross alpha 11 ..
Methodology
Evaporation
Co-precipita-
tion.
Reference (method or page number)
EPA1
900.0
EPA2
p1
EPA3
00-01
00-02
EPA^
p1
SM5
302, 7110 B
7110 C
ASTM6
USGS7
R-1 120-
76
DOES
Other
-------
10174 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations
Contaminant
Radium 226 ..
Radium 228 ..
Uranium12
Man-made:
Radioactive
cesium.
Radioactive
iodine.
Radioactive
Strontium
89, 90.
Tritium
Gamma emitters
Methodology
Radon ema-
nation,.
Radio chemi-
cal.
Radio chemi-
cal.
Radio chemi-
cal.
Fluorometric
Alpha
spectro
metry.
Laser
Phospho
rimetry.
Radio chemi-
cal.
Gamma ray
spectrom-
etry.
Radio chemi-
cal.
Gamma ray
spectrom-
etry.
Radio chemi-
cal.
Liquid scin-
tillation.
Gamma ray
Spectrometry
Reference (method or page number)
EPAi
903.1
903.0
904.0
908.0
908.1
901.0
901.1
902.0
901.1
905.0
906.0
901.1
902.0
901.0
EPA2
p 16
p 13
p24
p4
p6
p9
p29
p34
EPA3
Ra-04
Ra-03
Ra-05
00-07
Sr-04
H-02
EPA^
p19
p19
p33
p92
p92
p. 65
p. 87
p92
SM5
7500-Ra C
304, 305,
7500-Ra B
304, 7500-Ra D
7500-U B
7500-U C (1 7th
Ed.).
7500-U C (1 8th
or 19th Ed.).
7500-Cs B
7120 (19th Ed.)
7500-I B
7500-I C
7500-I D
71 20 (19th Ed.)
303, 7500-Sr B
306, 7500-3H
B.
71 20 (19th Ed.)
7500-Cs B
7500-I B
ASTM6
D 3454-91
D 2460-90
D2907-91
D 3972-90
D 51 74-91
D 2459-72
D 3649-91
D3649-91
D 4785-88
D 4107-91
D 3649-91
D 4785-88
USGS7
R-1 141-
76
R-1 140-
76
R-1 142-
76
R-1 1 80-76
R-1181-76
R-1 1 82-76
R-1 111-
76
R-1 1 1 0-
76
R-1 160-
76
R-1 171-
76
R-1 1 1 0-
76
DOES
Ra-05
U-04
U-02
4.5.2.3
4.5.2.3
4.5.2.3
Sr-01
Sr-02
4.5.2.3
Other
N.Y.9
N.Y.9
N.J.1°
The procedures shall be done in accordance with the documents listed below. The incorporation by reference of documents 1 through 10 was
approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be ob-
tained from the sources listed below. Information regarding obtaining these documents can be obtained from the Safe Drinking Water Hotline at
800-426-4791. Documents may be inspected at EPA's Drinking Water Docket, 401 M Street, SW., Washington, DC 20460 (Telephone: 202-
260-3027); or at the Office of Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
^'Prescribed Procedures for Measurement of Radioactivity in Drinking Water", EPA 600/4-80-032 , August 1980. Available at U.S. Depart-
ment of Commerce, National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161 (Telephone 800-553-6847),
PB 80-224744.
2 "Interim Radiochemical Methodology for Drinking Water", EPA 600/4-75-008(revised), March 1976. Available at NTIS, ibid. PB 253258.
3"Radiochemistry Procedures Manual", EPA 520/5-84-006, December 1987. Available at NTIS, ibid. PB 84-215581.
4 "Radiochemical Analytical Procedures for Analysis of Environmental Samples", March 1979. Available at NTIS, ibid. EMSL LV 053917.
5"Standard Methods for the Examination of Water and Wastewater", 13th, 17th, 18th, 19th Editions, 1971, 1989, 1992, 1995. Available at
American Public Health Association, 1015 Fifteenth Street N.W., Washington, D.C. 20005. All methods are in the 17th, 18th and 19th editions
except 7500-U C Fluorometric Uranium was discontinued after the 17th Edition, 7120 Gamma Emitters is only in the 19th Edition, and 302, 303,
304, 305 and 306 are only in the 13th Edition.
6Annual Book of ASTM Standards, Vol. 11.02, 1994. Available at American Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428.
7 "Methods for Determination of Radioactive Substances in Water and Fluvial Sediments", Chapter A5 in Book 5 of Techniques of Water-Re-
sources Investigations of the United States Geological Survey, 1977. Available at U.S. Geological Survey (USGS) Information Services, Box
25286, Federal Center, Denver, CO 80225-0425.
8"EML Procedures Manual", 27th Edition, Volume 1, 1990. Available at the Environmental Measurements Laboratory, U.S. Department of En-
ergy (DOE), 376 Hudson Street, New York, NY 10014-3621.
9 "Determination of Ra-226 and Ra-228 (Ra-02)", January 1980, Revised June 1982. Available at Radiological Sciences Institute Center for
Laboratories and Research, New York State Department of Health, Empire State Plaza, Albany, NY 12201.
^"Determination of Radium 228 in Drinking Water", August 1980. Available at State of New Jersey, Department of Environmental Protection,
Division of Environmental Quality, Bureau of Radiation and Inorganic Analytical Services, 9 Ewing Street, Trenton, NJ 08625.
11 Natural uranium and thorium-230 are approved as gross alpha calibration standards for gross alpha with co-precipitation and evaporation
methods; americium-241 is approved with co-precipitation methods.
12 If uranium (U) is determined by mass, a 0.67 pCi/g of uranium conversion factor must be used. This conservative factor is based on the 1:1
activity ratio of U-234 to U-238 that is characteristic of naturally occurring uranium.
*****
[FR Doc. 97-4889 Filed 3-4-97; 8:45 am]
BILLING CODE 6560-50-P
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