[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3906 Introduced in House (IH)]







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 
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.

    Be it enacted by the Senate and House of Representatives 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 environmental 
        technologies, including technologies for monitoring 
        environmental compliance, has been identified as a priority by 
        the United States Environmental 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 innovation because of the time-consuming and labor-
        intensive requirements for revising regulations and written 
        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 technology 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 approach 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 facilitating effective 
        communication with Industry on the direction of environmental 
        monitoring methods, technologies, and markets, and Agency 
        regulations affecting 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 performance, and the analytical method used in 
        environmental monitoring are critical to this effort.
            (8) The Agency should foster efforts by the scientific 
        community to develop environmental monitoring methods which 
        improve environmental quality and which also improve the 
        competitiveness of United States firms in the domestic and 
        international marketplace.
            (9) The current Agency requirement that prescriptive 
        analytical methods be used hinders the introduction of 
        environmental monitoring methods and technologies with 
        comparable or improved capabilities, and which may also be more 
        cost effective.
    (b) Purposes.--The purposes of this Act are to--
            (1) spur the development, introduction, and use of new and 
        innovative environmental monitoring technologies,
            (2) encourage the development and use of new environmental 
        monitoring technologies through the conversion of the Agency's 
        prescriptive analytical methods to performance-based monitoring 
        methods,
            (3) establish a date certain by which the Environmental 
        Protection Agency must complete the development of performance-
        based monitoring methods and a process for implementation 
        within all Agency program and administrative offices to cover 
        all media and multimedia methods,
            (4) promote and encourage participation and representation 
        among all interested parties during this process, and
            (5) establish a date certain by which the Agency will 
        develop a plan for guidance, implementation, and acceptance of 
        performance-based monitoring methods by all Environmental 
        Protection Agency regions, program offices, and States.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Agency'' means the United States 
        Environmental Protection Agency.
            (2) The term ``Administrator'' means the Administrator of 
        the United States Environmental Protection Agency.
            (3) The term ``environmental monitoring methods'' means 
        procedures or techniques associated with the performance, 
        technical capability, or environmental impact of an analytical 
        method.
            (4) The term ``Industry'' means members of the United 
        States environmental monitoring technology industry and 
        laboratories performing environmental testing.
            (5) The term ``performance-based monitoring method'' means 
        a requirement that imposes legal accountability for the 
        achievement of specific data quality assurance objectives, 
        without prescribing the particular procedures, techniques, or 
        instrumentation for achieving such objectives.

SEC. 3. THE PERFORMANCE-BASED MONITORING METHODS ADVISORY COMMITTEE.

    (a) Establishment.--The Administrator shall establish the 
Performance-Based Monitoring Methods Advisory Committee no less than 90 
days after the effective date of this Act.
    (b) Purpose.--The Performance-Based Monitoring Methods Advisory 
Committee shall--
            (1) advise the Administrator on Agency policies, 
        regulations, standards, and procedures that are barriers to the 
        development and acceptance of performance-based monitoring 
        technologies,
            (2) assist the Administrator to develop and submit to 
        Congress the report required by section 4 of this Act,
            (3) assist the Administrator to ensure that data quality 
        objectives are uniform to facilitate the development and 
        acceptance of performance-based monitoring methods under 
        section 5 of this Act,
            (4) assist the Administrator to develop a process for the 
        acceptance of performance-based monitoring methods, including 
        the exploration of the use of self-certification, third-party 
        certification, or lab accreditation. Nothing in this Act shall 
        be construed as authorizing the Agency to approve individual 
        performance-based monitoring methods,
            (5) assist the Administrator to develop a plan for 
        guidance, implementation, and acceptance of performance-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 monitoring technologies.
    (c) Membership.--The Performance-Based Monitoring Methods Advisory 
Committee shall be comprised of 12 members selected for appointment so 
as to provide as nearly as practicable a broad and balanced 
representation of interested parties, including United States 
Environmental Protection Agency program and regional offices, the 
analytical instruments industry, environmental testing laboratories, 
representatives from State regulatory agencies, public interest groups, 
and professional or technical 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 Performance-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 
Administrator 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 process.
    (b) System.--The report submitted under this section 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 
environmental laws and permits.
    (2) Notwithstanding the adoption of a performance-based monitoring 
methods approval process, approved analytical methods existing at the 
time of enactment of this Act shall be deemed acceptable to the 
Environmental Protection Agency, until such time the Administrator 
determines that such existing methods are no longer acceptable.
    (b) Authority.--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 as requiring the approval of an 
environmental technology or instrument.
    (c) Use.--The Administrator shall require that either 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 
compliance with the data quality objectives established by the 
Environmental Protection Agency.
    (d) Status.--Performance-based monitoring methods approved pursuant 
to this section shall be deemed to be equivalent to existing 
Environmental Protection Agency methods for purposes of compliance with 
all applicable environmental 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 appropriations 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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