I
105TH CONGRESS
1ST SESSION
H. R. 3065
To direct the Administrator of the Environmental Protection Agency to design
and implement a performance-based measurement system to encourage
the development of new environmental monitoring technologies.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 13, 1997
Ms. LOFGREN introduced the following bill; which was referred to the Commit-
tee on Science, and in addition to the Committees on Commerce, and
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To direct the Administrator of the Environmental Protection
Agency to design and implement a performance-based
measurement system to encourage the development of
new environmental monitoring technologies.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Less Pollution
Through Technology Act of 1997.’’
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The development of new and innovative en-
vironmental technologies, including technologies for
monitoring environmental compliance, has been iden-
tified as a priority by the Environmental Protection
Agency (referred to in this Act as the ‘‘Agency’’).
(2) Current Agency environmental monitoring
requirements typically specify the use of a particular
analytical method that must be precisely followed,
including the use of specific procedures and instru-
mentation. These requirements inhibit introduction
of new environmental monitoring technologies that
could prove more accurate, reliable, and cost-effec-
tive because of time consuming and labor-intensive
procedures for revising regulations.
(3) The Agency is evaluating the barriers to the
introduction of new and innovative environmental
monitoring technologies and has begun the transi-
tion of converting from the current analytical meth-
ods approach to a performance-based measurement
system.
(b) PURPOSES.—The purposes of this Act are to—
(1) facilitate the development, introduction, and
use of new and innovative environmental monitoring
technologies through the conversion of the Agency’s
analytical methods to a performance-based measure-
ment system; and
(2) establish a deadline for the Agency to im-
plement a performance-based measurement system
to cover all media and multimedia environmental
monitoring.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Agency’’ means the Environ-
mental Protection Agency.
(2) The term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency.
(3) The term ‘‘environmental monitoring tech-
nologies’’ means procedures or techniques associated
with the performance, technical capability, or envi-
ronmental impact of an analytical method.
(4) The term ‘‘performance-based measurement
system’’ means a system that ensures environmental
monitoring data quality assurance objectives are
met, without prescribing particular procedures, tech-
niques, or instrumentation for meeting such objec-
tives.
SEC. 4. PERFORMANCE-BASED MEASUREMENT SYSTEM.
(a) ESTABLISHMENT.—(1) No later than 18 months
after the date of enactment of this Act, the Administrator
shall establish and begin implementing a performance-
based measurement system that will facilitate the use of
new environmental monitoring technologies, particularly
monitoring required to demonstrate compliance with laws
and regulations.
(2) Notwithstanding the implementation of a per-
formance-based measurement system, analytical methods
existing on the date of enactment of this Act shall be
deemed acceptable to the Administrator until such time
as the Administrator determines that such methods are
no longer acceptable.
(b) CONSTRUCTION.—Nothing in this Act shall be
construed to permit the Agency to devise or endorse a
process that permits or requires the rating or evaluation
of one technology or instrument over another. Nothing in
this Act shall be construed to require the approval of a
particular environmental technology or instrument.
(c) STATUS.—A performance-based measurement
system implemented pursuant to this section shall be
deemed to be equivalent to Agency analytical methods ex-
isting on the date of enactment of this Act for purposes
of compliance with all applicable environmental statutes
and regulations.
SEC. 5. PERFORMANCE-BASED MEASUREMENT SYSTEM AD-
VISORY COMMITTEE.
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a Performance-Based Measurement System Advi-
sory Committee no later than 90 days after the date of
enactment of this Act.
(b) PURPOSES.—The Performance-Based Measure-
ment System Advisory Committee shall—
(1) assist the Administrator in developing a
plan for implementation of a performance-based
measurement system;
(2) advise the Administrator regarding how
Agency policies, regulations, standards, and proce-
dures can be used to implement a performance-based
measurement system; and
(3) assist the Administrator in developing the
report required by section 5 of this Act.
(c) MEMBERSHIP.—The Performance-Based Meas-
urement System Advisory Committee shall be comprised
of 12 members selected for appointment to provide a
broad and balanced representation of interested parties,
including the analytical instruments industry, environ-
mental testing laboratories, representatives from State
regulatory agencies, public interest groups, and profes-
sional or technical societies.
(d) DURATION.—Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply with re-
spect to the duration of the advisory committee established
under this section.
(e) DUTIES.—The Performance-Based Measurement
System Advisory Committee shall convene at least twice
a year, and may meet at additional times as required by
the Administrator. The Performance-Based Measurement
System Advisory Committee shall submit to the Adminis-
trator such recommendations as it believes are consistent
with its purposes. The Administrator shall make available
to the Performance-Based Measurement System Advisory
Committee such staff as are necessary to carry out its pur-
poses.
SEC. 6. REPORT TO CONGRESS.
No later than 6 months after the date of enactment
of this Act, the Administrator shall submit to Congress
a report containing a plan to establish a performance-
based measurement system approval process in accordance
with section 4.
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