[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3065 Introduced in House (IH)]







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 
 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 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 Representatives 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 environmental 
        technologies, including technologies for monitoring 
        environmental compliance, has been identified 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 instrumentation. These requirements inhibit 
        introduction of new environmental monitoring technologies that 
        could prove more accurate, reliable, and cost-effective 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 transition of converting from 
        the current analytical methods 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 measurement system; and
            (2) establish a deadline for the Agency to implement 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 Environmental Protection 
        Agency.
            (2) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (3) The term ``environmental monitoring technologies'' 
        means procedures or techniques associated with the performance, 
        technical capability, or environmental 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, techniques, or instrumentation for meeting such 
        objectives.

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 performance-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 existing 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 ADVISORY COMMITTEE.

    (a) Establishment.--The Administrator shall establish a 
Performance-Based Measurement System Advisory Committee no later than 
90 days after the date of enactment of this Act.
    (b) Purposes.--The Performance-Based Measurement 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 procedures 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 Measurement 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, environmental testing 
laboratories, representatives from State regulatory agencies, public 
interest groups, and professional or technical societies.
    (d) Duration.--Section 14 of the Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply with respect 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 
Administrator 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 purposes.

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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