[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3572 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3572

 To establish minimum standards for the training and certification of 
   environmental professionals performing Phase I Environmental Site 
                              Assessments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 1993

   Mr. Richardson (for himself, Mr. Boucher, Mr. Brown of Ohio, Mr. 
    Manton, Ms. Margolies-Mezvinsky, and Mr. Weldon) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To establish minimum standards for the training and certification of 
   environmental professionals performing Phase I Environmental Site 
                              Assessments.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Professionals Training 
and Certification Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds:
            (1) Concern about the environment is growing and 
        environmental issues now affect all aspects of American 
        business and life. Americans now spend close to $70,000,000,000 
        annually on environmental-related expenditures.
            (2) Business and industry spend approximately 
        $9,000,000,000 annually on various environmental consulting 
        services, including $1,200,000,000 for Phase I Environmental 
        Site Assessments.
            (3) There are currently a large number of environmental 
        professionals performing Phase I Environmental Site Assessments 
        who are not properly trained and who do not perform the 
        assessments in a manner consistent with proper environmental 
        standards and guidelines. Such assessments, therefore, pose a 
        significant danger to the public health, safety, and welfare.
            (4) Many organizations issue environmental certifications 
        without properly training or testing the candidates applying 
        for certification.
            (5) The Federal Government does not presently have 
        authority to regulate the quality of training and certification 
        programs for environmental professionals and, with very few 
        exceptions, the certification of environmental professionals.
            (6) Several organizations provide high quality training in 
        the environmental sciences, and the Federal Government should 
        support these efforts.
            (7) Federal oversight is needed to ensure that training and 
        certification of environmental professionals meets certain 
        minimum quality standards which ultimately will serve to 
        protect the public interest.

SEC. 3. ENVIRONMENTAL TRAINING AND CERTIFICATION.

    (a) Definitions.--
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The terms ``Phase I Environmental Site Assessment'' and 
        ``ESA'' mean the process by which a person or entity seeks to 
        determine whether a particular parcel of real property is 
        subject to Recognized Environmental Conditions. These 
        conditions indicate the presence or likely presence of a 
        Hazardous Substance or Petroleum Product on a property under 
        conditions that indicate an existing release, a past release, 
        or a material threat of a release into structures on the 
        property or into the ground, ground water, or surface water of 
        the property.
            (3) The term ``Board'' means the Environmental 
        Certification Board'' established under subsection (b).
            (4) The term ``Certified Environmental Site Assessor'' 
        means any person receiving certification to perform Phase I 
        ESAs from an Approved Environmental Training and Certification 
        Organization in accordance with this Act.
            (5) The term ``Approved Environmental Training and 
        Certification Organization'' means any training and 
        certification organization, public or private, whose 
        curriculum, program, facilities, training, and testing methods 
        have been approved by the Administrator as complying with 
        standards established in accordance with this Act.
            (6) The term ``State'' means the 50 States plus the 
        District of Columbia, Puerto Rico, Guam, American Samoa, and 
        the United States Virgin Islands.
    (b) Establishment of a Program To Regulate Training and 
Certification of Environmental Site Assessors.--(1) Not later than 60 
days after the date of the enactment of this Act, the Administrator 
shall establish a certification advisory board to be known as the 
``Environmental Certification Board''.
    (2) The Board shall consist of a minimum of 6 members, appointed by 
the Administrator, with a demonstrated knowledge in the environmental 
field. The Board shall include representatives from the Environmental 
Protection Agency, environmental interest organizations, the chemical/
manufacturing industry, the environmental consulting service industry, 
the insurance industry, and the banking/investment industry.
    (3) All members of the Board shall serve on a voluntary basis, 
except those members from the Environmental Protection Agency.
    (4) The Board shall appoint one member to serve as Chairman who 
shall exercise the executive and administrative functions of the Board.
    (5) Not later than 12 months after the date of the enactment of 
this Act, the Board shall issue recommendations to the Administrator 
which shall include, but not be limited to, recommendations regarding 
the minimum standards to be established under subsection (c).
    (c) Minimum Standards.--Not later than 2 years after the date of 
the enactment of this Act, the Administrator shall issue regulations, 
based on the recommendations of the Environmental Certification Board, 
establishing minimum standards regulating environmental training and 
certification organizations for environmental professionals performing 
Phase I Environmental Site Assessments. The regulations shall include, 
but not be limited to, minimum standards relating to--
            (1) formal environmental training;
            (2) continuing environmental education;
            (3) environmental certification and testing procedures;
            (4) revocation and disciplinary procedures;
            (5) establishment of a code of ethics;
            (6) consumer education;
            (7) certification renewal procedures; and
            (8) annual reporting of program activities.
    (d) Approval and Review of Environmental Training and Certification 
Organizations.--(1) The Administrator shall review the curriculum, 
program, facilities, training, and certification methods of each 
organization desiring to train and certify Phase I Environmental Site 
Assessors to determine if the curriculum, program, facilities, 
training, and certification methods are in compliance with the 
standards set forth in subsection (c).
    (2) If an organization's curriculum, program, facilities, training, 
and certification methods are in compliance with the minimum standards 
established under subsection (c), the Administrator shall issue a 
notice that such organization is an Approved Environmental Training and 
Certification Organization. This approval shall be valid for a term to 
be set by the Administrator, but no longer than 5 years.
    (e) Enforcement.--(1) No organization may issue a diploma, 
certification, or any other form of degree signifying that the 
recipient is a Certified Environmental Site Assessor, or qualified to 
perform a Phase I Environmental Site Assessment unless that 
organization has received approval from the Administrator under 
subsection (d).
    (2) The Administrator shall have the power to enjoin any 
organization found to be in violation of paragraph (1). Any 
organization found to be in violation of paragraph (1) shall be liable 
for civil penalties up to $5,000 per violation. Any person, 
corporation, or partnership found to be in violation of paragraph (1) 
shall be liable for civil penalties up to $1,000 per violation.
    (3) The Administrator may periodically, or upon expiration of 
approval, review the program, curriculum, facilities, and training 
methods of any Approved Environmental Training and Certification 
Organization. If at any time the Administrator finds such organization 
is no longer in compliance with the standards under subsection (c), the 
Administrator shall place the organization on probation for a period of 
1 year. If, after the 1-year probationary period, the organization is 
still not conforming with the standards, the Administrator shall revoke 
its approval of certification.
    (4) Nothing in this Act shall be construed to preempt any State 
from issuing additional or more stringent guidelines and regulations 
regarding the training of environmental professionals.

SEC. 4. AUTHORIZATION.

    There are authorized to be appropriated to the Administrator such 
sums as necessary to carry out the purposes of this Act.

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