Federal Register, Volume 62 Issue 43 (Wednesday, March 5, 1997)

[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Rules and Regulations]
[Pages 10168-10174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4889]

[[Page 10167]]

_______________________________________________________________________

Part V

Environmental Protection Agency

_______________________________________________________________________

40 CFR Part 141

National Primary Drinking Water Regulations: Analytical Methods for
Radionuclides; Final Rule and Proposed Rule

Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules
and Regulations

[[Page 10168]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[WH-FRL-5689-9]
RIN 2040-AC88

National Primary Drinking Water Regulations: Analytical Methods
for Radionuclides

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 rulemaking 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, 11th 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 Example of regulated entities
------------------------------------------------------------------------
Public Water Systems..................... All public water systems that
have at least 15 service
connections or regularly
serve an average 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 Sec. 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

[[Page 10169]]

specify maximum contaminant levels (MCLs) or treatment techniques for
drinking water contaminants (42 USC 300g-1). NPDWRs apply to public
water systems (42 USC 300f(1)(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

[[Page 10170]]

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 (7110C), 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 (R-1111-76
and 7120), one radiochemical and one gamma spectrometry method for
iodine (7500-I C and 7500-I 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

[[Page 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/g or 0.67 pCi/g. 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/g, 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.

[[Page 10172]]

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
et seq.

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)(1)(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 EMSL LV 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, EPA 810 D-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-1, 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:

Sec. 141.25 Analytical methods for radioactivity.

(a) Analysis for the following contaminants shall be conducted to
determine compliance with Secs. 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 Sec. 141.27.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Reference (method or page number)
Contaminant Methodology ------------------------------------------------------------------------------------------------------------------------------------------
EPA \1\ EPA \2\ EPA \3\ EPA \4\ SM \5\ ASTM \6\ USGS \7\ DOE \8\ Other
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Naturally occurring:
Gross alpha \11\ and beta..... Evaporation........ 900.0 p 1 00-01 p 1 302, 7110 B........ ........... R-1120 -76 ........... ..............
Gross alpha \11\.............. Co-precipitation... ....... ................ 00-02 ................ ................... ........... ........... ........... ..............
Radium 226.................... Radon emanation, 903.1 p 16 Ra-04 p 19 ................... D 3454 -91 R-1141-76 ........... N.Y.\9\
Radiochemical. 903.0 p 13 Ra-03 304, 305, 7500-Ra B
Radium 228.................... Radiochemical...... 904.0 p 24 Ra-05 p 19 304, 7500-Ra D..... ........... R-1142 -76 ........... N.Y.\9\
N. J.\10\
Uranium \12\................ Radiochemical...... 908.0 ................ ................ ................ 7500-U B........... D 2907-91 R-1180-76 U-04
Fluorometric....... 908.1 7500-U C (17th Ed.) R-1181-76
R-1182-76 U-2

[[Page 10173]]

Alpha spectrometry. ....... ................ 00-07 p 33 ................... D 3972-90 ........... ........... ..............
Man-made:
Radioactive cesium.......... Radiochemical...... 901.0 p 4 ................ ................ 7500-Cs B.......... D 2459-72 ........... ........... ..............
Gamma ray 901.1 ................ ................ p 92 ................... D 3649-91 R-1110 -76 4.5.2.3
spectrometry.
Radioactive iodine.......... Radiochemical...... 902.0 p 6 ................ ................ 7500-I B........... ........... ........... ........... ..............
p 9
Gamma ray 901.1 ................ ................ p 92 7120 (19th Ed.).... D 3649-91 ........... 4.5.2.3 ..............
spectrometry. D 4785-88
Radioactive Strontium 89, 90.. Radiochemical...... 905.0 p 29 Sr-04 p. 65 303, 7500-Sr B..... ........... R-1160 -76 Sr-01 ..............
Tritium....................... Liquid 906.0 p 34 H-02 p. 87 306, 7500-3H B..... D 4107 -91 R-1171 -76 ........... ..............
scintillation.
Gamma emitters................ Gamma ray.......... 901.1 ................ ................ p 92 7120 (19th Ed.).... D 3649 -91 R-1110 -76 4.5.2.3 ..............
Spectrometry....... 902.0 ................ ................ ................ 7500-Cs B.......... D 4785 -88 ........... ........... ..............
901.0 7500-I B...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 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, 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. Department 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 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-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'', 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 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.

3. Section 141.25 is amended by revising paragraph (a) effective
May 5, 1997 to read as follows:

Sec. 141.25 Analytical Methods for Radioactivity.

[[Page 10174]]

Radium 226.................. Radon emanation,... 903.1 p 16 Ra-04 p 19 7500-Ra C......... D 3454-91 R-1141-76 Ra-05 N.Y.\9\
Radio chemical..... 903.0 p 13 Ra-03 304, 305,......... D 2460-90 R-1140-76
7500-Ra B.........
Radium 228.................. Radio chemical..... 904.0 p 24 Ra-05 p 19 304, 7500-Ra D.... ................ R-1142-76 ............. N.Y.\9\
N.J.\10\
Uranium\12\................. Radio chemical..... 908.0 ............. ............. ............. 7500-U B.......... ................ ................ ............. .............
Fluorometric....... 908.1 ............. ............. ............. 7500-U C (17th D2907-91 R-1180-76 U-04 .............
Ed.). R-1181-76
Alpha spectro metry ...... ............. 00-07 p33 7500-U C (18th or D 3972-90 R-1182-76 U-02 .............
19th Ed.).
Laser Phospho ...... ............. ............. ............. .................. D 5174-91 ................ ............. .............
rimetry.
Man-made:
Radioactive cesium.......... Radio chemical..... 901.0 p 4 ............. ............. 7500-Cs B......... D 2459-72 R-1111-76 ............. .............
Gamma ray 901.1 ............. ............. p 92 7120 (19th Ed.)... D 3649-91 R-1110-76 4.5.2.3 .............
spectrometry.
Radioactive iodine.......... Radio chemical..... 902.0 p 6 ............. ............. 7500-I B.......... D3649-91 ................ 4.5.2.3 .............
p 9 7500-I C..........
7500-I D..........
Gamma ray 901.1 ............. ............. p 92 7120 (19th Ed.)... D 4785-88 ................ 4.5.2.3
spectrometry.
Radioactive Strontium 89, 90 Radio chemical..... 905.0 p 29 Sr-04 p. 65 303, 7500-Sr B.... ................ R-1160-76 Sr-01 .............
Sr-02
Tritium..................... Liquid 906.0 p 34 H-02 p. 87 306, 7500-3H B.... D 4107-91 R-1171-76 ............. .............
scintillation.
Gamma emitters................ Gamma ray.......... 901.1 ............. ............. p92 7120 (19th Ed.)... D 3649-91 R-1110-76 4.5.2.3 .............
Spectrometry....... 902.0 ............. ............. ............. 7500-Cs B......... D 4785-88 ................ ............. .............
................. 901.0 ............. ............. ............. 7500-I B.......... ................ ................ ............. .............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 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, 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.
\1\ ``Prescribed Procedures for Measurement of Radioactivity in Drinking Water'', EPA 600/4-80-032 , August 1980. Available at U.S. Department 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.
\6\ Annual 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-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'', 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 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