81 FR 66272 - Notice of New Streamlined Approval Process for Non-Regulatory Methods in SW-846

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 187 (September 27, 2016)

Page Range		66272-66274
FR Document		2016-23299

The Environmental Protection Agency (EPA or Agency) is providing notice of a new streamlined approval process for non- regulatory methods in the ``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'' manual, also known as SW-846. This new process will employ the use of Web site postings and an extensive email list to notify the SW-846 scientific community of methods being released for public comment, which differs from the traditional Federal Register publication. All methods beginning with Update VI to SW-846 will utilize the new process. This new process only applies to SW-846 methods published as guidance, where there are no changes to the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). The process for updating or publishing SW-846 analytical methods that are required in the RCRA regulations (referred to as Method Defined Parameters or MDPs) will not change. EPA is not requesting public comment on this notice.

Federal Register, Volume 81 Issue 187 (Tuesday, September 27, 2016)

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66272-66274]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23299]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9953-22-OLEM]


Notice of New Streamlined Approval Process for Non-Regulatory 
Methods in SW-846

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
providing notice of a new streamlined approval process for non-
regulatory methods in the ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods'' manual, also known as SW-846. This new 
process will employ the use of Web site postings and an extensive email 
list to notify the SW-846 scientific community of methods being 
released for public comment, which differs from the traditional Federal 
Register publication. All methods beginning with Update VI to SW-846 
will utilize the new process. This new process only applies to SW-846 
methods published as guidance, where there are no changes to the 
hazardous waste regulations under the Resource Conservation and 
Recovery Act (RCRA). The process for updating or publishing SW-846 
analytical methods that are required in the RCRA regulations (referred 
to as Method Defined Parameters or MDPs) will not change. EPA is not 
requesting public comment on this notice.

FOR FURTHER INFORMATION CONTACT: Christina Langlois-Miller, Office of 
Resource Conservation and Recovery (5304P), Environmental Protection 
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-0002; 
telephone number: 703-308-0744; email address: Langlois-Miller.Christina@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this notice apply to me?

    This notice is directed to the public in general. It may, however, 
be of particular interest to those conducting waste sampling and 
analysis for RCRA-related activities. This universe might include any 
entity that generates, treats, stores, or disposes of hazardous or non-
hazardous solid waste and might also

[[Page 66273]]

include any laboratory that conducts waste sampling and analyses for 
such entities.

B. How can I get additional information about the new process?

    You may access this Federal Register document electronically from 
the Government Printing Office under the ``Federal Register'' listings 
at FDSys (http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR) or at the SW-846 Methods Web site 
(https://www.epa.gov/hw-sw846/epas-streamlined-procedure-publishing-non-regulatory-sw-846-methods).

II. What is the subject and purpose of this notice?

    The Agency is announcing a new streamlined process for adding non-
regulatory methods to ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA publication SW-846. The SW-846 
compendium consists of over 200 analytical methods for sampling and 
analyzing waste and other matrices. Most methods are intended as 
guidance (i.e., non-regulatory methods) with the exception of what EPA 
refers to as ``method defined parameters'' or MDPs, that are required 
in the RCRA regulations for compliance purposes. In the interest of 
releasing new and updated SW-846 methods more quickly in order to 
respond to emergencies and issues such as emerging contaminants and 
keeping up with the speed of scientific advancements, EPA will be using 
a new process to release validated non-regulatory methods for public 
comment and to incorporate these methods into the official SW-846 
compendium. This notice serves to notify the public of the new process, 
which EPA will begin using for its next set of updates to SW-846. Under 
the new process, EPA will no longer employ the Federal Register as a 
vehicle for adding non-regulatory methods and guidance to SW-846. 
However, the Agency will continue to use the regulatory development 
process for adding MDP methods to SW-846 (see https://www.epa.gov/hw-sw846/final-rule-methods-innovation-rule-mir#mdp for a list of MDPs). 
Non-regulatory methods and guidance will be released using EPA's SW-846 
Web site, which can be found at https://www.epa.gov/hw-sw846, and a 
dedicated SW-846 electronic mailing list.

III. Background

    Over the years, the regulated community has expressed concern that 
the Agency has not made available in a timely manner the use of 
analytical methods that take advantage of technological advancements. 
In an attempt to address the public's concern, the Agency published the 
Methods Innovation Rule (MIR), on June 14, 2005 (see 70 FR 34538-34592 
or https://www.thefederalregister.org/fdsys/pkg/FR-2005-06-14/pdf/05-10197.pdf), which 
provided flexibility to laboratories regarding method selection for 
waste characterization in support of RCRA, as appropriate. In addition, 
the rule allowed modification to most SW-846 methods and substitution 
of non-SW-846 methods, provided the modified or substituted method 
meets the defined quality assurance/quality control (QA/QC) parameters 
established in the method or defined for the project and falls within 
EPA's mission to protect human health and the environment.
    Since most SW-846 methods are guidance and not required by the RCRA 
regulations, EPA sought a more efficient approach to announce the 
availability of methods for public use and to solicit comment prior to 
incorporating new or revised methods in the SW-846 compendium.

IV. What is the new process?

    EPA receives requests to add or update SW-846 methods from various 
sources (e.g., EPA Regions, other federal and state government 
agencies, analytical method developers, commercial laboratories, and 
other scientific groups). These requests are considered if the new 
method or revision:
     Addresses a national emergency (e.g., oil spill);
     Is essential for continuing the EPA mission (e.g., 
regulatory change);
     Is needed by EPA Regions/program offices (e.g., 
bioavailability of lead)
     Addresses an emerging environmental contaminant (e.g., 
perfluorinated compounds)
     Makes available a new or updated technology (e.g., 
collision cell mass spectrometry)
     Is a collaborative effort with other federal agencies 
(e.g., DOD, USGS, FDA)
     Provides an opportunity for greener chemistry or increased 
safety (e.g., decreased solvent use)

Once EPA selects a method for possible revision or inclusion in SW-846, 
the method will be sent to the SW-846 method workgroup, made up of 
chemists and technical experts with knowledge of and experience with 
the specific methodology and/or technology, for further evaluation.
    Listed below are the new steps that EPA will follow for publication 
of non-regulatory SW-846 methods, beginning with final review from the 
SW-846 method workgroup. EPA will:
    1. Obtain Agency organic and/or inorganic workgroup approval of new 
and/or revised methods.
    a. Agency workgroups consist of EPA scientists from the Regions and 
program offices.
    2. Post methods on the ``Validated Methods'' Web page at https://www.epa.gov/hw-sw846/validated-test-methods-recommended-waste-testing 
and link to the Hazardous Waste Test Methods landing page, at https://www.epa.gov/hw-sw846.
    3. Notify the SW-846 analytical community via emails and web 
posting of the comment-period initiation date. The comment period will 
be set for a minimum of 30 days, depending on the number and complexity 
of methods.
    a. The Web pages will also indicate that the methods are drafts and 
that comments are being accepted until the end date of the comment 
period.
    4. Catalog and respond to public comments in a ``Response to 
Comments'' document.
    5. Revise methods based on EPA's review of comments.
    6. Post the new and/or revised methods, the ``Response to 
Comments'' background document(s), and other supporting documents 
permanently on the ``SW-846 Compendium'' Web page at https://www.epa.gov/hw-sw846/sw-846-compendium.
    7. Email the SW-846 mailing list, notifying all entities of the 
incorporation of the new additions to the SW-846 compendium.

V. How can I sign up for the SW-846 mailing list?

    If you would like to receive information regarding new policies, 
guidance related to SW-846 methods, announcements of open comment 
periods, and final changes or updates to methods in SW-846, it is 
important to sign up for the SW-846 mailing list. The form to sign up 
for the SW-846 mailing list is located at https://www.epa.gov/hw-sw846/forms/contact-us-about-hazardous-waste-test-methods. To sign up, fill 
out the form at the bottom of the page, including the ``Name'' and 
``Email Address'' sections, and click the ``Yes'' button for Email List 
Sign-up before submitting.
    The Agency also plans to find the email addresses of previous 
commenters on Updates to SW-846 to notify them of the new process and 
to see if they would like to be placed on the SW-846 mailing list.

[[Page 66274]]

VI. Summary

    This new approach to announcing SW-846 methods for public comment 
will allow EPA to make available new advancements in technologies in a 
timely manner and provide increased accessibility to analytical 
procedures, guidance, and Updates to SW-846, while still employing a 
mechanism to request public comment and incorporate comments into the 
final methods. In addition, the new process will result in a cost 
savings for the Agency since it removes the burden of unnecessary steps 
in releasing guidance to the public while retaining the appropriate 
steps to ensure EPA's standard of quality and integrity.

    Dated: September 20, 2016.
Barnes Johnson, Director,
Office of Resource Conservation and Recovery.
[FR Doc. 2016-23299 Filed 9-26-16; 8:45 am]
 BILLING CODE 6560-50-P

66272 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices

requests and maintenance plans for the 60604, (312) 353–8777, http://www.epa.gov/otaq/
Cleveland-Akron-Lorain and Columbus maietta.anthony@epa.gov. stateresources/transconf/adequacy.htm.
areas on July 6, 2016 and June 16, 2016, SUPPLEMENTARY INFORMATION: The Cleveland-Akron-Lorain ozone
respectively. Ohio submitted a Throughout this document, whenever nonattainment area consists of
redesignation request and maintenance ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean Ashtabula, Cuyahoga, Geauga, Lake,
plan for the Ohio portion of the EPA. Lorain, Medina, Portage, and Summit
Cincinnati area on April 21, 2016. Background Counties. The Columbus ozone
Indiana submitted a redesignation nonattainment area consists of
request and maintenance plan for the Today’s notice is an announcement of
a finding that we have already made. On Delaware, Fairfield, Franklin, Knox,
Indiana portion of the Cincinnati area Licking, and Madison Counties. The
on February 23, 2016. As a result of our August 23, 2016, EPA sent letters to the
Indiana Department of Environmental Indiana portion of the Cincinnati ozone
finding, these areas must use their nonattainment area consists of
Management and the Ohio
submitted MVEBs for future Lawrenceburg Township (located
Environmental Protection Agency
transportation conformity within Dearborn County, Indiana). The
transmitting our determination that the
determinations. 2020 and 2030 MVEBs contained in the Ohio portion of the Cincinnati area
redesignations and maintenance plans consists of Butler, Clermont, Clinton,
DATES: This finding is effective October
for the Cleveland and Columbus, Ohio Hamilton, and Warren Counties. For
12, 2016.
areas and Indiana and Ohio portions of transportation conformity purposes, the
FOR FURTHER INFORMATION CONTACT: the Cincinnati area are adequate for MVEBs for the Indiana and Ohio
Anthony Maietta, Life Scientist, Control transportation conformity purposes. portions of the Cincinnati area are
Strategies Section (AR–18J), Air These MVEBs were announced on combined. The 2020 and 2030 MVEBs,
Programs Branch, Air and Radiation EPA’s transportation conformity Web in tons per day (tpd), for VOCs and NOX
Division, United States Environmental site, and no comments were submitted for the Indiana and Ohio portions of
Protection Agency, Region 5, 77 West in response. The information is Cincinnati, and the Cleveland and
Jackson Boulevard, Chicago, Illinois available at EPA’s conformity Web site: Columbus, Ohio areas are as follows:

2020 NOX 2020 VOCs 2030 NOX 2030 VOCs
Area (tpd) (tpd) (tpd) (tpd)

Indiana and Ohio Portions of the Cincinnati—Indiana/Ohio/Kentucky Area ... 30.79 30.00 16.22 18.22
Cleveland-Akron-Lorain, Ohio ......................................................................... 61.56 38.85 43.82 30.80
Columbus, Ohio ............................................................................................... 99.54 50.66 85.13 44.31

Transportation conformity is required Dated: September 19, 2016. the new process. This new process only
by section 176(c) of the CAA. EPA’s Robert Kaplan, applies to SW–846 methods published
conformity rule requires that Acting Regional Administrator, Region 5. as guidance, where there are no changes
transportation plans, programs, and [FR Doc. 2016–23295 Filed 9–26–16; 8:45 am] to the hazardous waste regulations
projects conform to state air quality BILLING CODE 6560–50–P
under the Resource Conservation and
implementation plans and establishes Recovery Act (RCRA). The process for
the criteria and procedures for updating or publishing SW–846
determining whether or not they ENVIRONMENTAL PROTECTION analytical methods that are required in
conform. Conformity to a State AGENCY the RCRA regulations (referred to as
Implementation Plan (SIP) means that Method Defined Parameters or MDPs)
[FRL–9953–22–OLEM]
transportation activities will not will not change. EPA is not requesting
produce new air quality violations, Notice of New Streamlined Approval public comment on this notice.
worsen existing violations, or delay Process for Non-Regulatory Methods FOR FURTHER INFORMATION CONTACT:
timely attainment of the national in SW–846 Christina Langlois-Miller, Office of
ambient air quality standards. Resource Conservation and Recovery
AGENCY: Environmental Protection (5304P), Environmental Protection
The criteria by which we determine Agency (EPA). Agency, 1200 Pennsylvania Avenue
whether a SIP’s MVEBs are adequate for ACTION: Notice. NW., Washington, DC 20460–0002;
transportation conformity purposes are telephone number: 703–308–0744;
outlined in the regulation at 40 CFR SUMMARY: The Environmental Protection email address: Langlois-
93.118(e)(4). As set forth above, EPA Agency (EPA or Agency) is providing Miller.Christina@epa.gov.
determined that these MVEBs are notice of a new streamlined approval
SUPPLEMENTARY INFORMATION:
adequate under the applicable standards process for non-regulatory methods in
set forth in 40 CFR 93.118(e)(4). Please the ‘‘Test Methods for Evaluating Solid I. General Information
note that an adequacy review is separate Waste, Physical/Chemical Methods’’
manual, also known as SW–846. This A. Does this notice apply to me?
asabaliauskas on DSK3SPTVN1PROD with NOTICES

from EPA’s completeness review, and it
also should not be used to prejudge new process will employ the use of Web This notice is directed to the public
EPA’s ultimate approval of the SIP. site postings and an extensive email list in general. It may, however, be of
to notify the SW–846 scientific particular interest to those conducting
Even if we find a budget adequate, the
community of methods being released waste sampling and analysis for RCRA-
SIP could later be disapproved.
for public comment, which differs from related activities. This universe might
Authority: 42 U.S.C. 7401–7671q. the traditional Federal Register include any entity that generates, treats,
publication. All methods beginning stores, or disposes of hazardous or non-
with Update VI to SW–846 will utilize hazardous solid waste and might also

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66274 Federal Register / Vol. 81, No. 187 / Tuesday, September 27, 2016 / Notices

VI. Summary supporting information at EPA Region 6, and (e)) and 40 CFR 70.7(g) and 70.8(d),
This new approach to announcing 1445 Ross Avenue, Dallas, Texas 75202– the Louisiana Department of
SW–846 methods for public comment 2733. Environmental Quality (LDEQ) has 90
will allow EPA to make available new EPA requests that if at all possible, days from the receipt of the
advancements in technologies in a you contact the individual listed in the Administrator’s order to resolve the
timely manner and provide increased FOR FURTHER INFORMATION CONTACT objections identified in Claim IV of the
accessibility to analytical procedures, section to view copies of the final Order, Order and submit a proposed
guidance, and Updates to SW–846, petition, and other supporting determination or termination,
while still employing a mechanism to information. You may view the hard modification, or revocation and
request public comment and incorporate copies Monday through Friday, from reissuance of the Yuhuang Chemical
comments into the final methods. In 9:00 a.m. to 3:00 p.m., excluding Company, Inc. title V permit in
addition, the new process will result in Federal holidays. If you wish to accordance with the EPA’s objection.
a cost savings for the Agency since it examine these documents, you should The Order issued on August 31, 2016
removes the burden of unnecessary make an appointment at least 24 hours responds to the Petition and explains
steps in releasing guidance to the public before the visiting day. Additionally, the the basis for EPA’s decision.
while retaining the appropriate steps to final Order signed on August 31, 2016 Dated: September 21, 2016.
ensure EPA’s standard of quality and is available electronically at: https:// Ron Curry,
integrity. www.epa.gov/title-v-operating-permits/
Regional Administrator, Region 6.
title-v-petition-database.
Dated: September 20, 2016. [FR Doc. 2016–23255 Filed 9–26–16; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Brad
Barnes Johnson, Director, BILLING CODE 6560–50–P
Toups at (214) 665–7258, email address:
Office of Resource Conservation and
toups.brad@epa.gov or the above EPA,
Recovery.
Region 6 address.
[FR Doc. 2016–23299 Filed 9–26–16; 8:45 am] FEDERAL COMMUNICATIONS
SUPPLEMENTARY INFORMATION: The CAA
BILLING CODE 6560–50–P
affords EPA a 45-day period to review, COMMISSION
and object, as appropriate, to a title V [OMB 3060–XXXX]
ENVIRONMENTAL PROTECTION operating permit proposed by a state
AGENCY permitting authority. Section 505(b)(2) Information Collection Being Reviewed
of the CAA authorizes any person to by the Federal Communications
[FRL–9952–56–Region 6] petition the EPA Administrator, within Commission
60 days after the expiration of this
Clean Air Act Operating Permit Correction
review period, to object to a title V
Program; Petition for Objection to
operating permit if EPA has not done so. In notice document 2016–22522
State Operating Permit for Yuhuang
Petitions must be based only on beginning on page 64461 in the issue of
Chemical Company, Inc. Methanol
objections to the permit that were raised Tuesday, September 20, 2016, make the
Plant in Louisiana
with reasonable specificity during the following correction:
AGENCY: Environmental Protection public comment period provided by the On page 63361, in the third column,
Agency (EPA). state, unless the petitioner demonstrates under the DATES heading, in the second
ACTION: Notice of final action. that it was impracticable to raise these line ‘‘October 20, 2016’’ should read
issues during the comment period or ‘‘November 21, 2016’’.
SUMMARY: Pursuant to Clean Air Act unless the grounds for the issue arose [FR Doc. C1–2016–22522 Filed 9–26–16; 8:45 am]
(CAA) Section 505(b)(2) and 40 CFR after this period. BILLING CODE 1505–01–P
70.8(d), the Environmental Protection EPA received the petition from the
Agency (EPA) Administrator signed an Petitioners on May 18, 2015 for the
Order, dated August 31, 2016, denying operating permit issued on May 5, 2015
in part and granting in part a petition FEDERAL DEPOSIT INSURANCE
to Yuhuang Chemical Facility located in
asking EPA to object to the operating CORPORATION
St. James Parish, Louisiana.
permit issued by the Louisiana The Petitioner requested that the Notice of Termination, 10009 First
Department of Environmental Quality Administrator object to the proposed Heritage Bank, N.A., Newport Beach,
(LDEQ) to Yuhuang Chemical Company, operating permit issued by the LDEQ to California
Inc. for its Methanol Plant (Title V Yuhuang on several bases. In total, the
operating permit 1560–00295–V0). The Petitioner raised four primary claims in The Federal Deposit Insurance
EPA’s August 31, 2016 Order responds the Petition. The claims are described in Corporation (FDIC), as Receiver for
to a petition submitted by the Louisiana detail in Section IV of the Order. In 10009 First Heritage Bank, N.A.,
Environmental Action Network (LEAN) summary, the issues raised are that: (1, Newport Beach, California (Receiver)
and Sierra Club (Collectively the claim III) the permit fails to comply has been authorized to take all actions
Petitioners) on May 18, 2015. Sections with the Act’s requirements for public necessary to terminate the receivership
307(b) and 505(b)(2) of the Act provide participation; (2, claim IV) the permit estate of First Heritage Bank, N.A.
that a petitioner may ask for judicial fails to meet PSD requirements; (3, (Receivership Estate). The Receiver has
review of those portions of the Orders claim V) a tank design is hazardous and made all dividend distributions
asabaliauskas on DSK3SPTVN1PROD with NOTICES

that deny objections raised in the there are additional unaccounted for required by law.
petitions in the appropriate United emissions; and (4, claim VI) the LDEQ The Receiver has further irrevocably
States Court of Appeals. Any petition failed to adequately respond to EPA’s authorized and appointed FDIC-
for review shall be filed by November comments. The Order issued on August Corporate as its attorney-in-fact to
28, 2016, pursuant to section 307(b) of 31, 2016 responds to claims III, IV, V, execute and file any and all documents
the Act. and VI (pp. 6–30). that may be required to be executed by
ADDRESSES: You may review copies of Pursuant to sections 505(b) and 505(e) the Receiver which FDIC-Corporate, in
the final Order, the petition, and other of the Clean Air Act (42 U.S.C. 7661d(b) its sole discretion, deems necessary;

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Document Created: 2016-09-27 01:19:36
Document Modified: 2016-09-27 01:19:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Christina Langlois-Miller, Office of Resource Conservation and Recovery (5304P), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460-0002;
FR Citation		81 FR 66272