[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Page 25565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9718]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7912-8]


Establishment of a Federal Advisory Committee to Examine 
Detection and Quantitation Approaches in Clean Water Act Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; Establishment of FACA Committee and Meeting 
Announcement.

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SUMMARY: As required by the Federal Advisory Committee Act, we are 
giving notice that the Environmental Protection Agency is establishing 
the Federal Advisory Committee on Detection and Quantitation Approaches 
and Uses in Clean Water Act Programs. The purpose of this Committee is 
to evaluate and recommend detection and quantitation procedures for use 
in EPA's analytical methods programs for compliance monitoring under 40 
CFR part 136. The Committee will analyze and evaluate relevant 
scientific and statistical approaches, protocols, review data and 
interpretations of data using current and recommended approaches. The 
major objectives are to provide advice and recommendations to the EPA 
Administrator on policy issues related to detection and quantitation 
and scientific and technical aspects of procedures for detection and 
quantitation. We have determined that this is in the public interest 
and will assist the Agency in performing its duties under the Clean 
Water Act, as amended.
    Copies of the Committee Charter will be filed with the appropriate 
committees of Congress and the Library of Congress.

FOR FURTHER INFORMATION CONTACT: Marion Kelly, Engineering and Analysis 
Division, MC4303T, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; Telephone number: (202) 566-1045; Fax 
number: (202) 566-1053; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: In 1999, several industry groups filed suit 
against EPA (Alliance of Automobile Manufacturers v. EPA, DC Cir., No. 
99-1420) as a result of EPA revisions of a test used to measure mercury 
concentrations at low levels, and in October, 2000, EPA entered into a 
Settlement Agreement that required EPA to assess and revise procedures 
to determine detection and quantitation limits under EPA's CWA programs 
by November 1, 2004.
    On March 12, 2003, EPA published two notices in the Federal 
Register. One announced the availability of a Technical Support 
Document that described EPA's reassessment of detection and 
quantitation concepts and procedures (68 FR 11791), and the second 
proposed revisions to the MDL and ML definitions and procedures (68 FR 
11770).
    Many of the 126 comments EPA received in response to the Federal 
Register notices were critical of the assessment and proposed 
revisions. Rather than proceeding with the revisions, EPA decided to 
contract with a neutral third party to conduct a situation assessment 
to explore the feasibility and design of a stakeholder process. This 
decision was announced in a Federal Register notice dated September 15, 
2004.
    In October and November 2004, Triangle Associates, Inc. of Seattle, 
a neutral third party contractor, conducted the situation assessment 
through phone interviews with 37 representatives of Federal and State 
agencies, industry, environmental groups, municipal wastewater 
treatment plants, environmental laboratories, and organizations that 
establish testing methods and standards.
    On November 8, 2004, EPA published a notice of document 
availability giving EPA's revised assessment of detection and 
quantitation concepts and procedures (69 FR 64704), and published a 
notice withdrawing the March 12, 2003, proposal (69 FR 64708). The 
withdrawal stated that a vast majority of commenters did not favor the 
proposed revisions, and that EPA planned to work with stakeholders to 
evaluate one or more of the approaches submitted in comments on the 
proposal.
    As a result of the situation assessment, EPA agreed to establish a 
Federal Advisory Committee to obtain input from the stakeholder groups 
regarding detection and quantitation procedures and their use in the 
analytical methods in Clean Water Act programs. On December 29, 2004 
(69 FR 77972), EPA published a notice announcing a public meeting on 
the Situation Assessment and to request nominations to the Federal 
Advisory Committee.
    Participants: The Committee will be composed of approximately 20 
members. As required by the Federal Advisory Committee Act, the FACDQ 
will be, balanced in terms of points of view represented and the scope 
of the activities of the Committee. A full-time EPA employee will act 
as the Designated Federal Official who will be responsible for 
providing the necessary staffing, operations, and support for the 
Committee. The committee members will be comprised of qualified senior-
level professionals from diverse sectors throughout the United States 
from among, but not limited to, State government; environmental 
professionals; regulated industry; environmental laboratories; Publicly 
Owned Treatment Works; and the environmental community. Establishing a 
balanced membership with a diversity of policy experience, knowledge, 
and judgment, will be an important consideration in the selection of 
members. EPA also plans to use technical experts who will be available 
to provide technical assistance to the Committee. Such experts will not 
be members of the Committee and will not participate in the Committee's 
deliberations.

    Dated: April 18, 2005.
Benjamin H. Grumbles,
Assistant Administrator for Water.
[FR Doc. 05-9718 Filed 5-12-05; 8:45 am]
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