Jump to main content.

Possible Amendments to 40 CFR 136

Periodically, EPA revises the tables of approved methods and sample collection and preservation procedures at 40 CFR Part 136. We do this to adopt new or revised analytical methods, or make changes suggested by our stakeholders. The last updates were published in March of 2007. The following is a description of possible actions that EPA may take. We would do so by publishing a proposed rule in the Federal Register for public comment.

  1. Approve only the most recent edition of Standard Methods (online edition).
    Approve only the most recent edition of Standard Methods with as few exceptions as possible. Currently Part 136 references the 18th, 19th, 20th and 21st online edition of Standard Methods, and footnotes reference a few earlier editions. This has led to inconsistencies in how labs conduct these analyses especially in quality assurance/quality control (QA/QC) practices.
  2. Specify Essential Quality Control and Other Missing or Inconsistent Instructions.
    Address issues that auditors, laboratories, and our co-regulators have raised about different levels and types of QA /QC procedures practiced by laboratories that use 40 CFR Part 136 methods when more than one method is approved for the same pollutant.
  3. Propose methods that have passed the Alternative Test Procedures (ATP) process.
    Candidates include a Hach LDO method, a Systea Easy (1-Reagent) Nitrate Method; Leck Mitchel and Orion laser and LED methods for turbidity.
  4. Revise CFR Parts 136.4 and 136.5 - Limited Use ATP Approvals by Regions.
    Clarify respective roles of headquarters on national ATP reviews followed by rulemaking for approval at Part 136 versus regional limited-use approvals without rulemaking.
  5. Add updated or new methods published by voluntary consensus standards bodies.
    For example, ASTM methods D7065-06 (nonylphenol), D888-05 (luminescent dissolved oxygen), D 7284-08 and D 7511-09 (cyanide), and Standard Method 3114C (selenium).
  6. Revise the EPA oil & grease method 1664; add EPA Methods 1614 (flame retardants). 1668 (PCBs as Congeners), and 200.5 (metals).
    Describe: several modifications that are within the flexibility of 1664, a solvent change that is not allowed, and a special modification approved only in one EPA region. EPA Methods 1614 and 1668 are interlab validated versions of the current methods. EPA Method 200.5 uses an ICP-AES plasma that may be viewed either radially or axially. The radial mode is more matrix-tolerant; the axial mode is more sensitive (lower detection limits).
  7. Sample collection, shipment and storage requirements in Table II.
    Explain why these requirements supersede any conflicting instructions in the corresponding Part 136 analytical method. Solicit comment on cases where the Table II requirements might not be best for certain pollutants or analytical methods.
  8. Cyanide Preservation procedures described in ASTM D7365-09 Practice.
    Cite this practice in lieu of, or in addition to, Footnote 6 in Table II at 136.3, and other cyanide-related citations.
  9. Revise Method Flexibility at Part 136.6 to add more examples.
    Revise to explicitly note that some modifications may be made to method defined parameters such as Oil and Grease; give examples of allowed and not allowed modifications. The revisions will be based on information in Flexibility to Modify CWA Methods memo (PDF) (6 pp., 75 K; November 2007; About PDF)
  10. Clarifications, modifications, or options applicable to existing CWA methods.
    These changes would improve the performance of the method, or provide more consistency among users, might. These might include: adding metals to the scope of EPA Methods 200.7 (ICP-AES) and 200.8 (ICP-MS), explicitly allowing use of collision cell technology with 200.8, provide more instructions on how to obtain a waiver of the distillation requirement for ammonia and fluoride. To expedite approval of these improvements, and eliminate the burden of writing modest changes into several CWA methods published by various organizations, a Technical Notes document, which describes these changes, would be added to the regulations.
  11. Use of mercury-based catalyst for TKN and total Phosphorus.
    To reduce or eliminate the use of mercury in analytical methods, take comment on removing mercuric sulfate as the catalyst in EPA Methods 365.4 for total phosphorous, and 351.2 for TKN.
  12. Mercury Thermometers.
    Note that methods published by EPA, ASTM, International, the Standard Methods Committee, or others do not require use of mercury thermometers.
  13. Omissions in, and corrections to the March 12, and 26, 2007, rules.
    For example, when to filter orthophosphate samples, when manual digestion and distillation are required for Total Kjeldahl Nitrogen (TKN), and which bacterial methods in Table IA (wastewater) were omitted in Table IH (ambient water) in the March 26, 2007, rule.
  14. Propose Kinetic Test EPA Method 1627.
    This method characterizes the quality of mine drainage that may occur from coal mining operations and from site exposure to weathering conditions.

Contacts

Contact Lem Walker or Meghan Hessenauer for more information.

Top of Page

Local Navigation

Jump to main content.