Summary of Conversation with Bureau of Explosives
On September 6, 2018 EPA contacted the Bureau of Explosives (BOE) to determine if the test methods in 40 CFR 261.21(a)(3) were still available. The BOE asked EPA to omit references to the BOE test methods in 40 CFR 261.21(a)(3) because as the BOE explained, DOT removed these methods from 49 CFR Parts 170-189 and replaced as applicable with testing methods based upon the UN recommendations and/or other agencies such as ASTM. EPA subsequently reached out to DOT who confirmed this and as a result, EPA is proposing changes to the references in 261.21(a)(3).

