I
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 performance-
based 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 fol-
lowing bill; which was referred to the Committee on Science, and in addi-
tion to the Committees on Commerce, and Transportation and Infrastruc-
ture, 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, es-
tablishing target dates for implementing a new regu-
latory approach across all environmental programs, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. 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 United States Environ-
mental Protection Agency.
(2) Current Agency environmental monitoring
requirements typically specify the use of a particular
prescriptive analytical method that must be precisely
followed, including the use of specific procedures and
instrumentation. The codification of environmental
monitoring methods in this manner hampers innova-
tion because of the time-consuming and labor-inten-
sive requirements for revising regulations and writ-
ten methods.
(3) Regulations can encourage the diffusion of
innovative and pollution preventing technologies if
they are cast in terms that specify performance in
terms of data quality objectives, rather than tech-
nology or method.
(4) The Agency is evaluating the barriers to the
introduction of new and innovative environmental
monitoring technologies and the option of converting
from the current prescriptive analytical methods ap-
proach to performance-based monitoring methods.
(5) The Agency has established no internal
deadline for completing its review of the possibility
of converting to performance-based monitoring
methods.
(6) The Agency lacks a mechanism for facilitat-
ing effective communication with Industry on the di-
rection of environmental monitoring methods, tech-
nologies, and markets, and Agency regulations af-
fecting them.
(7) The market for environmental monitoring
products and services is one of the most attractive
arenas of the United States Government to enhance
our international competitiveness and export per-
formance, and the analytical method used in envi-
ronmental monitoring are critical to this effort.
(8) The Agency should foster efforts by the sci-
entific community to develop environmental monitor-
ing methods which improve environmental quality
and which also improve the competitiveness of Unit-
ed States firms in the domestic and international
marketplace.
(9) The current Agency requirement that pre-
scriptive analytical methods be used hinders the in-
troduction of environmental monitoring methods and
formance-based monitoring methods by all Agency
regions, program offices, and States, and
(6) recommend to the Administrator such
changes to Agency policies, regulations, standards,
and procedures that could stimulate the development
and use of new or innovative environmental monitor-
ing technologies.
(c) MEMBERSHIP.—The Performance-Based Mon-
itoring Methods Advisory Committee shall be comprised
of 12 members selected for appointment so as to provide
as nearly as practicable a broad and balanced representa-
tion of interested parties, including United States Envi-
ronmental Protection Agency program and regional of-
fices, the analytical instruments industry, environmental
testing laboratories, representatives from State regulatory
agencies, public interest groups, and professional or tech-
nical societies.
(d) COMMITTEE INPUT.—Prior to initiating each of
the activities described in sections 4 through 6 of this Act,
the Administrator shall convene a meeting of the Perform-
ance-Based Monitoring Methods Advisory Committee for
the purpose of seeking advice and recommendations.
(e) DURATION.—Section 14 of the Federal Advisory
Committee Act shall not apply with respect to the duration
of the advisory committee established under this section.
(f) DUTIES.—The Performance-Based Monitoring
Methods Advisory Committee shall convene at least twice
a year, and may meet at additional times as required by
the Administrator. The Performance-Based Monitoring
Methods 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 Monitoring Methods Advisory
Committee such staff as are necessary to carry out the
purposes of this Act.
SEC. 4. REPORT TO CONGRESS.
(a) GOAL.—No later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report which shall include a plan to establish
a performance-based monitoring methods approval proc-
ess.
(b) SYSTEM.—The report submitted under this sec-
tion shall be consistent with the provisions of section 5
of this Act.
(c) DELIVERY.—The report shall be transmitted to
the appropriate House and Senate committees.
SEC. 5. PERFORMANCE-BASED MONITORING METHODS.
(a) ESTABLISHMENT.—(1) No later than 2 years
after the date of enactment of this Act, the Administrator
shall establish a performance-based monitoring methods
approval process to be used uniformly in all environmental
programs for purposes of monitoring compliance with en-
vironmental laws and permits.
(2) Notwithstanding the adoption of a performance-
based monitoring methods approval process, approved an-
alytical methods existing at the time of enactment of this
Act shall be deemed acceptable to the Environmental Pro-
tection Agency, until such time the Administrator deter-
mines that such existing methods are no longer acceptable.
(b) AUTHORITY.—Nothing in this Act shall be con-
strued 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 as requiring the approval of an en-
vironmental technology or instrument.
(c) USE.—The Administrator shall require that ei-
ther the performance-based methods that are approved
pursuant to this section or existing analytical methods be
used in monitoring environmental compliance and for
other purposes, as appropriate. Regulatory acceptance of
a performance-based method shall be determined by com-
pliance with the data quality objectives established by the
Environmental Protection Agency.
(d) STATUS.—Performance-based monitoring meth-
ods approved pursuant to this section shall be deemed to
be equivalent to existing Environmental Protection Agency
methods for purposes of compliance with all applicable en-
vironmental statutes and regulations.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) LIMITATION
ON APPROPRIATIONS.—No more
funds may be appropriated to carry out the purposes of
this Act than the amounts set forth in subsection (b). This
Act shall be the exclusive source of authorization of appro-
priations to support any activities under this Act.
(b) APPROPRIATIONS.—There are authorized to be
appropriated to the Administrator for carrying out the
purposes of this Act such sums as shall be necessary.
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