ENVIRONMENTAL PROTECTION AGENCY 
 
40 CFR Part 136 
 
[FRL 3197-4(b)] 
 
Guidelines Establishing Test Procedures for the Analysis of Pollutants 
 
AGENCY: Environmental Protection Agency (EPA). 
 
ACTION: Interim Final Rule and Request for Comments. 
 
SUMMARY: This interim final rule amends the Guidelines Establishing Test 
Procedures for the Analysis of Pollutants under section 304(h) of the 
Clean Water Act.  This amendment approves an additional analytical technique
to measure the concentrations of twenty-three inorganic chemicals.  This 
technique, the direct current plasma (DCP) atomic emission spectrometric 
method, is substantially equivalent in both precision and accuracy to the 
techniques already approved.  Approved techniques are required for determining
compliance with effluent limitations,  guidelines and standards and in 
pretreatment standards set forth at 40 CFR Parts 402 through 699 (unless 
otherwise specially noted or defined in those parts). 
 
DATE: Interim final rule effective October 5, 1987.  

The Agency will accept comments on this amendment until October 19, 1987. 
 
ADDRESS: Send comments to 

Mr. Robert Graves, 
Environmental Monitoring and Support Laboratory, 
Office of Research and Development, 
U.S. Environmental Protection agency, 
Cincinnati, Ohio 45268. 

    The record and all supporting information is available to the public for 
inspection or copying during normal business hours at the Environmental 
Monitoring and Support Laboratory, 26 West St. Clair Street, Cincinnati, Ohio.  
The public should contact the Equivalency Staff at (513) 569-7301 for access.  
Materials in the public docket include the following documents: 
   
	* Technical reviews of the proposed analytical techniques. 
  	* Report with recommendations from the Director, Environmental 
	  Monitoring and Support Laboratory in Cincinnati 
    	* Copies of the proposed analytical techniques and performance data. 
 
FOR FURTHER INFORMATION CONTACT: 
Mr Robert Graves, address above 
Telephone number (513) 569-7315 
 
SUPPLEMENTARY INFORMATION: 
I. Authority and Background 
 
   This regulation is proposed under authority of Section 304(h) and 501(a) of 
the Clean Water Act, 33 U.S.C. 1251 et seq. (the Federal Water Pollution 
Control Act Amendments of 1972 as amended by the Clean Water Act of 1977) (the 
"Act").  Section 304(h) of the Act requires the Administrator of the EPA to 
"promulgate guidelines establishing test procedures for the analysis of 
pollutants that shall include the factors which must be provided in any 
certification pursuant to section 401 of this Act or permit application pursuant 
to section 402 of the Act."  Section 501(a) of the Act authorizes the 
Administrator to "prescribe such regulations as are necessary to carry out his 
functions under this Act." 
   EPA promulgated "Guidelines Establishing Test Procedures for the Analyses of 
Pollutants" in 40 CFR Part 136 on October 16, 1973 (38 FR 28758).  These 
guidelines, which were amended on December 1, 1976 (41 FR 52780), provided test 
procedures for 115 well known pollutants and pollutant parameters, including 
metals and a number of organic compounds. 
   On October 26, 1984 the EPA promulgated regulations in the Federal Register 
(49 FR 43234) which further amended Part 136.  These amendments approved gas 
chromatographic (GC), gas chromatographic/mass spectrometric (GC/MS), and high 
pressure liquid chromatographic (HPLC) methods for the analysis of the 111 toxic 
organic "priority" pollutants, an analytical method for carbonaceous biochemical 
oxygen demand (CBOD),  a method for metals by inductively coupled plasma 
spectrophotometry (ICP), and mandatory sample container, preservation and holding 
time requirements.  The test procedures for the organic pollutants included 
provisions for performance criteria that analysts must meet.  These provisions 
were promulgated as interim final rulemaking.  A correction notice was published 
on January 4, 1985 (50 FR 690697).  EPA also published technical amendments in 
those regulations in the Federal Register of June 30, 1986 (51 FR 23692). 
 
   The Virginia Electric Power Company and others (VEPCO) challenged the 
October, 1984 regulations (Virginia Electric Power Co., et al v. U.S. Environmental 
Protection Agency, et al., No. 84-2227, (4th Cir. filed Nov. 9, 1984)).  In 
settling that challenge, EPA and the parties entered into a settlement agreement 
(July 12, 1985). In the settlement, EPA agreed to propose a change to the 
procedures for approving new alternate test methods for nationwide use to allow 
an opportunity for notice and comment prior to final approval.  Beckman Instruments, 
Inc. in accordance with the guidelines published at CFR Section 136.5, has applied 
for nationwide approval of the Beckman Instruments, Inc., method.  "Direct Current 
Plasma-Optical Emission Spectrometric Method for Trace Elemental Analysis of Water 
and Waste" for the analysis of the following metals: Aluminum, Barium, Beryllium, 
Boron, Cadmium, Calcium, Chromium, Cobalt, Copper, Gold, Iron, Lead, Magnesium, 
Manganese, Molybdenum, Nickel, Palladium, Platinum, Silver, Sodium, Titanium, 
Vanadium, and Zinc. 
   This method describes a technique for the simultaneous multi-element or sequential 
determination of trace elements by DC argon plasma spectroscopy.  The basis of the 
method is the measurement of atomic emission by an optical spectroscopic technique.  
Samples are nebulized and the aerosol is transported into a DC argon plasma where 
excitation of the analyte atoms occurs.  When these excited atoms decay to a lower 
energy state, characteristic atomic line emission spectra are produced.  The spectra 
are dispersed by an echelle grating spectrometer and the intensities of the lines are 
monitored by photomultiplier tubes.  The photocurrents from the photomultiplier tubes 
are processed and controlled by a computer system. 
   A background correction technique may be required to compensate for variable 
background contribution to the determination of trace elements.  Background must be 
measured adjacent to analyte lines on samples during analysis. 
   EPA's Environmental Monitoring and Support Laboratory in Cincinnati, Ohio 
(EMSL-CI) has thoroughly reviewed and evaluated the supporting data submitted by the 
Beckman Instruments, Inc.  That information is on file at EMSL-CI., 26 West St. Clair, 
Cincinnati, Ohio 45268.  It is available for public inspection, to the extent 
consistent with 40 CFR Part 2 (EPA's "Public Information" regulations).  The approved 
method description is available from Beckman Instruments, Inc., Scientific Instruments 
Division, Campus Drive at Jamboree Boulevard, P.O. Box C-19600, Ivrine, California 
92713. 
   Based on EMSL-CI's review, and pursuant to 40 CFR 136.5, EPA gives interim approval 
for the Beckman Instruments, Inc. DCP procedure as an alternate test procedure for 
nationwide use.  As an approved alternate test procedure, the Beckman DCP procedure 
would be acceptable for use by any person required to use procedures approved under 
section 304(h) of the CWA. 
   Currently, EPA regulations at 40 CFR 136.5 do not require a notice and comment 
period for the Administrator to approve new alternate test methods.  However, elsewhere 
in today's Federal Register, EPA is proposing to add an opportunity for public comment 
to the procedures under 136.5.  In accordance with the settlement agreement, EPA is 
publishing this DCP method as an interim final rule with an opportunity for comment.  
Thus, although EPA regulations do not yet require a comment period for approval of 
alternate methods under 40 CFR 136.5, EPA will consider changes in the final rule to 
reflect appropriate comments. 
   Public comment is requested concerning the suitability of the DCP technique as an 
alternative method for the determination of the twenty-three metals. 
 
II Regulatory requirements 
 
   Executive Order 12291 (46 FR 13193, February 19, 1981), requires a regulatory 
impact analysis if it is determined that the regulations are considered to be "major 
rules."  EPA has determined that this regulation is not a "major rule," and thus a 
regulatory impact analysis has not been prepared.  This rule will not have a 
significant effect on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 602 et. seq.).  There is not change in the paperwork 
requirements as a result of this rule.

List of Subjects in 40 CPR Part 136 
    Water pollution control 
     Dated: August 14, 1987 
Lee M. Thomas, 
Administrator 
 
  In consideration of the preceding, EPA amends Chapter I, Subchapter D of Title 40 
of the Code of Federal Regulations as follows: 
 
PART 136 - (AMENDED) 
 
   1. The authority citation for Part 136 continues to read as follows: 
 
Authority: Secs. 301, 304(h), 307, and 501(a) Public Law 95-217, Stat. 1566, et seq.
(33 U.S.C. 1251 et seq.) (The Federal Water Pollution Control Act Amendments of 1972 
as amended by the Clean Water Act of 1977) 
 
   2. Section 136.3 is amended by revising the following entries in Table 1B of 
paragraph (a): 3, Aluminum; 7, Barium; 8, Beryllium; 10, Boron; 12, Cadmium; 13, 
Calcium; 19, Chromium; 20, Cobalt; 22, Copper; 26, Gold; 30, Iron; 32, Lead; 33, 
Magnesium; 34, Manganese; 36, Molybdenum; 37, Nickel; 47, Palladium; 51, Platinum; 
62, Silver; 63, Sodium; 72, Titanium; 74, Vanadium; and 75, Zinc; and by adding a 
new footnote 33 as follows: 
 
136.3 Identification of test procedures  
(a) * * *