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104TH CONGRESS

2D SESSION H. R. 3906

To encourage the development and use of new and innovative environmental

monitoring technology by accelerating the move toward performancebased monitoring methods, establishing target dates for implementing

a new regulatory approach across all environmental programs, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1996

Mr. BAKER of California (for himself and Mr. LOFGREN) introduced the following bill; which was referred to the Committee on Science, and in addition to the Committees on Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

To encourage the development and use of new and innovative

environmental monitoring technology by accelerating the

move toward performance-based monitoring methods, establishing target dates for implementing a new regulatory approach across all environmental programs, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—Congress finds the following:
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1 (1) The development of new and innovative en2 vironmental technologies, including technologies for

3 monitoring environmental compliance, has been iden4 tified as a priority by the United States Environ5 mental Protection Agency.

6 (2) Current Agency environmental monitoring

7 requirements typically specify the use of a particular

8 prescriptive analytical method that must be precisely

9 followed, including the use of specific procedures and

10 instrumentation. The codification of environmental

11 monitoring methods in this manner hampers innova12 tion because of the time-consuming and labor-inten13 sive requirements for revising regulations and writ14 ten methods.

15 (3) Regulations can encourage the diffusion of

16 innovative and pollution preventing technologies if

17 they are cast in terms that specify performance in

18 terms of data quality objectives, rather than tech19 nology or method.

20 (4) The Agency is evaluating the barriers to the

21 introduction of new and innovative environmental

22 monitoring technologies and the option of converting

23 from the current prescriptive analytical methods ap24 proach to performance-based monitoring methods.
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1 (5) The Agency has established no internal

2 deadline for completing its review of the possibility

3 of converting to performance-based monitoring

4 methods.

5 (6) The Agency lacks a mechanism for facilitat6 ing effective communication with Industry on the di7 rection of environmental monitoring methods, tech8 nologies, and markets, and Agency regulations af9 fecting them.

10 (7) The market for environmental monitoring

11 products and services is one of the most attractive

12 arenas of the United States Government to enhance

13 our international competitiveness and export per14 formance, and the analytical method used in envi15 ronmental monitoring are critical to this effort.

16 (8) The Agency should foster efforts by the sci17 entific community to develop environmental monitor18 ing methods which improve environmental quality

19 and which also improve the competitiveness of Unit20 ed States firms in the domestic and international

21 marketplace.

22 (9) The current Agency requirement that pre23 scriptive analytical methods be used hinders the in24 troduction of environmental monitoring methods and
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1 technologies with comparable or improved capabili2 ties, and which may also be more cost effective.

3 (b) PURPOSES.—The purposes of this Act are to—

4 (1) spur the development, introduction, and use

5 of new and innovative environmental monitoring

6 technologies,

7 (2) encourage the development and use of new

8 environmental monitoring technologies through the

9 conversion of the Agency’s prescriptive analytical

10 methods to performance-based monitoring methods,

11 (3) establish a date certain by which the Envi12 ronmental Protection Agency must complete the de13 velopment of performance-based monitoring methods

14 and a process for implementation within all Agency

15 program and administrative offices to cover all

16 media and multimedia methods,

17 (4) promote and encourage participation and

18 representation among all interested parties during

19 this process, and

20 (5) establish a date certain by which the Agen21 cy will develop a plan for guidance, implementation,

22 and acceptance of performance-based monitoring

23 methods by all Environmental Protection Agency re24 gions, program offices, and States.
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1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘Agency’’ means the United

4 States Environmental Protection Agency.

5 (2) The term ‘‘Administrator’’ means the Ad6 ministrator of the United States Environmental Pro7 tection Agency.

8 (3) The term ‘‘environmental monitoring meth9 ods’’ means procedures or techniques associated with

10 the performance, technical capability, or environ11 mental impact of an analytical method.

12 (4) The term ‘‘Industry’’ means members of the

13 United States environmental monitoring technology

14 industry and laboratories performing environmental

15 testing.

16 (5) The term ‘‘performance-based monitoring

17 method’’ means a requirement that imposes legal ac18 countability for the achievement of specific data

19 quality assurance objectives, without prescribing the

20 particular procedures, techniques, or instrumenta21 tion for achieving such objectives.

22 SEC. 3. THE PERFORMANCE-BASED MONITORING METHODS

23 ADVISORY COMMITTEE.

24 (a) ESTABLISHMENT.—The Administrator shall es25 tablish the Performance-Based Monitoring Methods Advi-
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1 sory Committee no less than 90 days after the effective

2 date of this Act.

3 (b) PURPOSE.—The Performance-Based Monitoring

4 Methods Advisory Committee shall—

5 (1) advise the Administrator on Agency policies,

6 regulations, standards, and procedures that are bar7 riers to the development and acceptance of perform8 ance-based monitoring technologies,

9 (2) assist the Administrator to develop and sub10 mit to Congress the report required by section 4 of

11 this Act,

12 (3) assist the Administrator to ensure that data

13 quality objectives are uniform to facilitate the devel14 opment and acceptance of performance-based mon15 itoring methods under section 5 of this Act,

16 (4) assist the Administrator to develop a proc17 ess for the acceptance of performance-based mon18 itoring methods, including the exploration of the use

19 of self-certification, third-party certification, or lab

20 accreditation. Nothing in this Act shall be construed

21 as authorizing the Agency to approve individual per22 formance-based monitoring methods,

23 (5) assist the Administrator to develop a plan

24 for guidance, implementation, and acceptance of per-
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1 formance-based monitoring methods by all Agency

2 regions, program offices, and States, and

3 (6) recommend to the Administrator such

4 changes to Agency policies, regulations, standards,

5 and procedures that could stimulate the development

6 and use of new or innovative environmental monitor7 ing technologies.

8 (c) MEMBERSHIP.—The Performance-Based Mon9 itoring Methods Advisory Committee shall be comprised

10 of 12 members selected for appointment so as to provide

11 as nearly as practicable a broad and balanced representa12 tion of interested parties, including United States Envi13 ronmental Protection Agency program and regional of14 fices, the analytical instruments industry, environmental

15 testing laboratories, representatives from State regulatory

16 agencies, public interest groups, and professional or tech17 nical societies.

18 (d) COMMITTEE INPUT.—Prior to initiating each of

19 the activities described in sections 4 through 6 of this Act,

20 the Administrator shall convene a meeting of the Perform21 ance-Based Monitoring Methods Advisory Committee for

22 the purpose of seeking advice and recommendations.

23 (e) DURATION.—Section 14 of the Federal Advisory

24 Committee Act shall not apply with respect to the duration

25 of the advisory committee established under this section.
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1 (f) DUTIES.—The Performance-Based Monitoring

2 Methods Advisory Committee shall convene at least twice

3 a year, and may meet at additional times as required by

4 the Administrator. The Performance-Based Monitoring

5 Methods Advisory Committee shall submit to the Adminis6 trator such recommendations as it believes are consistent

7 with its purposes. The Administrator shall make available

8 to the Performance-Based Monitoring Methods Advisory

9 Committee such staff as are necessary to carry out the

10 purposes of this Act.

11 SEC. 4. REPORT TO CONGRESS.

12 (a) GOAL.—No later than 1 year after the date of

13 enactment of this Act, the Administrator shall submit to

14 Congress a report which shall include a plan to establish

15 a performance-based monitoring methods approval proc16 ess.

17 (b) SYSTEM.—The report submitted under this sec18 tion shall be consistent with the provisions of section 5

19 of this Act.

20 (c) DELIVERY.—The report shall be transmitted to

21 the appropriate House and Senate committees.

22 SEC. 5. PERFORMANCE-BASED MONITORING METHODS.

23 (a) ESTABLISHMENT.—(1) No later than 2 years

24 after the date of enactment of this Act, the Administrator

25 shall establish a performance-based monitoring methods
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1 approval process to be used uniformly in all environmental

2 programs for purposes of monitoring compliance with en3 vironmental laws and permits.

4 (2) Notwithstanding the adoption of a performance5 based monitoring methods approval process, approved an6 alytical methods existing at the time of enactment of this

7 Act shall be deemed acceptable to the Environmental Pro8 tection Agency, until such time the Administrator deter9 mines that such existing methods are no longer acceptable.

10 (b) AUTHORITY.—Nothing in this Act shall be con11 strued to permit the Agency to devise or endorse a process

12 that permits or requires the rating or evaluation of one

13 technology or instrument over another. Nothing in this

14 Act shall be construed as requiring the approval of an en15 vironmental technology or instrument.

16 (c) USE.—The Administrator shall require that ei17 ther the performance-based methods that are approved

18 pursuant to this section or existing analytical methods be

19 used in monitoring environmental compliance and for

20 other purposes, as appropriate. Regulatory acceptance of

21 a performance-based method shall be determined by com22 pliance with the data quality objectives established by the

23 Environmental Protection Agency.

24 (d) STATUS.—Performance-based monitoring meth25 ods approved pursuant to this section shall be deemed to
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1 be equivalent to existing Environmental Protection Agency

2 methods for purposes of compliance with all applicable en3 vironmental statutes and regulations.

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

5 (a) LIMITATION ON APPROPRIATIONS.—No more

6 funds may be appropriated to carry out the purposes of

7 this Act than the amounts set forth in subsection (b). This

8 Act shall be the exclusive source of authorization of appro9 priations to support any activities under this Act.

10 (b) APPROPRIATIONS.—There are authorized to be

11 appropriated to the Administrator for carrying out the

12 purposes of this Act such sums as shall be necessary.

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