Forum on Environmental Measurements Announcement of Competency Policy for Assistance Agreements, 25079-25081 [2013-10043]
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emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Notices
renewal for the Ambient Air Quality
Surveillance ICR will incorporates the
requirements and burden currently
approved under the Nitrogen Oxides
Ambient Monitoring ICR (OMB# 2060–
0638, EPA ICR Number 2358.03) and the
Sulfur Dioxides Ambient Monitoring
ICR (OMB# 2060–0642, EPA ICR
Number 2370.02). Public comments
were previously requested via the
Federal Register (78 FR 12052) on
February 21, 2013 during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments. A fuller description of the
ICR is given below, including its
estimated burden and cost to the public.
An Agency may not conduct or sponsor
and a person is not required to respond
to a collection of information unless it
displays a currently valid OMB control
number.
DATES: Additional comments may be
submitted on or before May 29, 2013.
ADDRESSES: Submit your comments,
referencing Docket ID number EPA–
HQ–OAR–2002–0091, to (1) EPA online
using www.regulations.gov (our
preferred method), by Email to a-and-rdocket@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Air and Radiation
Docket, Mail Code 28221T, 1200
Pennsylvania Avenue NW., Washington,
DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory
Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer
for EPA, 725 17th Street NW.,
Washington, DC 20503.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Laurie Trinca, Air Quality Analysis
Division (C304–06), Environmental
Protection Agency; telephone number
(919) 541–0520; fax number: 919–541–
1903; email address:
trinca.laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents which explain in
detail the information that the EPA will
be collecting are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The telephone number for the
Docket Center is 202–566–1744. For
additional information about EPA’s
VerDate Mar<15>2010
14:16 Apr 26, 2013
Jkt 229001
public docket, visit https://www.epa.gov/
dockets.
Abstract: This Information Collection
Request (ICR) includes ambient air
monitoring data and other supporting
measurements reporting and
recordkeeping activities associated with
the 40 CFR part 58 Ambient Air Quality
Surveillance rule. These data and
information are collected by various
State and local air quality management
agencies, and Tribal entities and
reported to the Office of Air Quality
Planning and Standards within the
Office of Air and Radiation, U.S. EPA.
The data collected through this
information collection consist of
ambient air concentration
measurements for the seven air
pollutants with National Ambient Air
Quality Standards (i.e., ozone, sulfur
dioxide, nitrogen dioxide, lead, carbon
monoxide, PM2.5 and PM–10), ozone
precursors, meteorological variables at a
select number of sites and other
supporting measurements.
Accompanying the pollutant
concentration data are quality
assurance/quality control data and air
monitoring network design information.
The U.S. EPA and others (e.g., State
and local air quality management
agencies, tribal entities, environmental
groups, academic institutions, industrial
groups) use the ambient air quality data
for many purposes, including informing
the public and other interested parties
of an area’s air quality, judging an area’s
(e.g., county, city, neighborhood) air
quality in comparison with the
established health or welfare standards
(including both national and local
standards), evaluating an air quality
management agency’s progress in
achieving or maintaining air pollutant
levels below the national and local
standards, developing and revising State
Implementation Plans (SIPs) in
accordance with 40 CFR part 51,
evaluating air pollutant control
strategies, developing or revising
national control policies, providing data
for air quality model development and
validation, supporting enforcement
actions, documenting episodes and
initiating episode controls, air quality
trends assessment, and air pollution
research.
The State and local agencies and
tribal entities with responsibility for
reporting ambient air quality data and
information as requested in this ICR
submit these data electronically to the
U.S. EPA’s Air Quality System (AQS)
database. Quality assurance/quality
control records and monitoring network
documentation are also maintained by
each State and local agency, in AQS
electronic format where possible.
PO 00000
Frm 00022
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25079
Respondents/Affected Entities: State
and local air pollution agencies and
Tribal entities.
Respondent’s obligation to respond:
Mandatory.
Estimated Number of Respondents:
142.
Frequency of Response: Quarterly, but
may occur more frequently.
Total Estimated Annual Hour Burden:
49,474 hours. Burden is defined at 5
CFR 1320.3(b).
Total Estimated Annual Cost:
$3,261,007. This includes an estimated
labor cost of $2,737,485 and an
estimated cost of $523,522 for
operations and maintenance and capital
costs.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013–10009 Filed 4–26–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9807–1]
Forum on Environmental
Measurements Announcement of
Competency Policy for Assistance
Agreements
Environmental Protection
Agency (EPA).
ACTION: Announcement of Competency
Policy for Assistance Agreements.
AGENCY:
The Environmental Protection
Agency’s Forum on Environmental
Measurements (FEM) is implementing
an Agency-wide policy requiring
organizations generating or using
environmental data under certain
Agency-funded assistance agreements to
submit documentation of their
competency prior to award of the
agreement, or if that is not practicable,
prior to beginning any work involving
the generation or use of environmental
data under the agreement. The Policy
was originally approved on December
12, 2012 by the Science Technology
Policy Council (STPC) and will be
effective on May 15, 2013. The Policy
will apply to all competitive and noncompetitive assistance agreements
expected to exceed a total maximum
value of $200,000 (in federal funding)
and awarded based on solicitations
issued after May 14, 2013. The Policy
will be reviewed against frequently
asked questions within two years after
its effective data and will either be
reissued without revision, reissued with
revisions, or rescinded.
FOR FURTHER INFORMATION CONTACT:
Comments or questions should be sent
SUMMARY:
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29APN1
25080
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
to Ms. Lara P. Phelps, US EPA (E243–
05), 109 T. W. Alexander Drive,
Research Triangle Park, NC 27709;
emailed to phelps.lara@epa.gov; or call
(919) 541–5544.
SUPPLEMENTARY INFORMATION: For
purposes of this Policy, the following
definitions apply:
Accreditation—As defined in various
International Organization for
Standardization (ISO) publications and
glossaries, accreditation is a procedure
by which an authoritative body gives
formal recognition that an entity is
competent to carry out specific tasks.
Assistance agreement—As described
in the U.S. EPA Grants and Debarment
Glossary (https://www.epa.gov/ogd/
recipient/glossary.htm), an assistance
agreement is the legal instrument that
the U.S. EPA uses to transfer money,
property, services, or anything of value
to a recipient to accomplish a public
purpose. It is either a grant or a
cooperative agreement and will specify
certain things including: budget and
project periods; the federal share of
eligible project costs; a description of
the work to be accomplished, and any
terms and conditions/special
conditions.
Competence—As defined in ISO 9000,
competence is the demonstrated ability
to apply knowledge and skills.
Certification—As similarly defined in
various ISO publications and glossaries,
certification is the recognition provided
by an independent body related to
products, processes, systems or persons.
Environmental data—As defined in
the U.S. EPA Quality Policy (CIO
2106.0; 10/20/08), environmental data
include any measurements or
information that describe environmental
processes, location or conditions;
ecological or health effects and
consequences; or the performance of
environmental technology.
award requirement to be implemented
by the project officer(s) and overseen by
the project officer(s) or their technical
designee(s). This Policy does not replace
any existing requirements (e.g., general
information, quality system
requirements documentation) or
prohibit an Agency program from
placing additional requirements or
stipulations on an organization
receiving an award. Project officers are
responsible for implementing the
requirements under this Policy and
ensuring that appropriate solicitation
provisions and programmatic terms and
conditions, if necessary, are included in
solicitations and assistance agreements.
As mentioned above, this Policy
applies to:
• Awards made under competitive
solicitations issued after May 14, 2013
that are expected to exceed $200,000 (in
federal funding) in maximum total value
and involve the use or generation of
environmental data; and
• Non-competitive assistance
agreements awarded after May 14, 2013
that are expected to exceed $200,000 (in
federal funding) in total maximum value
and involve the use or generation of
environmental data.
Applicability
This Policy applies to all U.S. EPA
programs (e.g., Program Offices,
Regional Offices, and Laboratories)
responsible for evaluating, issuing, and/
or managing Agency assistance
agreements involving organizations
generating or using environmental data
through environmental sample
collection, field measurements and/or
laboratory analyses. It applies to new
competitive and non-competitive
awards that at the time of solicitation
issuance or award are expected to
exceed $200,000 (in federal funding) in
total maximum value (including any
amendments).1 This is an additional
Background/Authority
The U.S. EPA Science Policy Council
(now U.S. EPA Science and Technology
Policy Council) established the Forum
on Environmental Measurements (FEM)
as a standing committee of senior U.S.
EPA managers who provide the Agency
and the public with a focal point for
addressing measurement, monitoring
and laboratory issues with multiprogram impact. Since the inception of
the FEM in April 2004, an action item
has existed for the FEM to assure the
competency of organizations funded by
the Agency under acquisition and/or
assistance agreements to generate
environmental data through
measurement activities. The goal is to
assure that, nationwide, organizations
performing environmental data
operations have effective quality
management systems and technical
competence, and thus have the
capability to generate valid
environmental data.
In 2004, the Agency issued a policy to
assure the competency of U.S. EPA
laboratories. In 2011, the Agency issued
a second policy to assure the
competency of organizations (e.g.,
laboratories, field sampling and
measurement) generating environmental
data under Agency-funded acquisitions
(i.e., contracts).
1 While this Policy does not apply to existing
awards, or awards under the dollar threshold,
offices are encouraged to apply this Policy to those
awards as deemed appropriate.
VerDate Mar<15>2010
14:16 Apr 26, 2013
Jkt 229001
PO 00000
Frm 00023
Fmt 4703
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The Policy announced today was
developed to ensure the use of
competent organizations for performing
activities involving the use or
generation of environmental data under
Agency-funded assistance agreements.
As explained below, these organizations
will have to demonstrate competency
either prior to award or prior to
beginning such activities. Project
officers are responsible for
implementing this requirement.
A Frequently Asked Question
document is available with further
details on implementing this Policy.2
This will be revised and updated as
necessary. Questions as to whether
activities involve the use or generation
of environmental data and are covered
by this Policy should be referred to the
FEM (https://www.epa.gov/fem/
lab_comp.htm).
Requirements
Organizations performing activities
involving the use or generation of
environmental data under covered
assistance agreements shall provide the
Agency with:
• Quality documentation such as a
quality management plan (QMP), and/or
other documentation that demonstrates
conformance to U.S. EPA quality
program requirements; 3 and
• Demonstration of competency in
the field(s) of expertise.
Demonstration of competency may
include (but not be limited to):
• Current participation in
accreditation or certification programs
that are applicable to the environmental
data generated under the Agencyfunded assistance;
• Ongoing participation by the
organization in proficiency testing (PT)
or round robin programs conducted by
external organizations;
• Ongoing U.S. EPA accepted
demonstrations and audits/assessments
of proficiency; and
• Other pertinent documentation that
demonstrates competency (e.g., past
performance to similar statement of
work [SOW]).
Assistance agreement solicitations and
agreements will include applicable
provisions and terms and conditions.
Examples will be contained in the FAQ
document.
Implementation
Competitive awards and solicitations:
Program offices that issue competitive
solicitations expected to result in
awards exceeding $200,000 (in federal
funding) in total maximum value that
2 See
3 See
E:\FR\FM\29APN1.SGM
https://www.epa.gov/fem/lab_comp.html.
https://www.epa.gov/quality.
29APN1
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Notices
will involve the generation or use of
environmental data must include a
provision in the solicitation indicating
that applicants for these awards must
demonstrate competency (i) prior to
award or (ii) if that is not practicable or
will unduly delay the award prior to
beginning such activities under the
award. For awards covered by (i) above
where the Project Officer obtains the
competency demonstration prior to
award the Project Officer will include
the demonstration in their file. For
awards covered by (ii) above, where the
competency demonstration will be
made after award, the Project Officer
will include a programmatic term and
condition in the grant requiring the
grantee to demonstrate competency
prior to performing any work involving
the use or generation of environmental
data. This competency demonstration
should be documented in the project
officer’s file. Sample clauses will be
provided in the FAQ document.
Non-competitive awards: Program
offices that make non-competitive
awards expected to exceed $200,000 (in
federal funding) in total maximum value
that will involve the generation or use
of environmental data should ensure
that the applicant demonstrates their
competency to perform such activities
prior to award. This will be documented
by the Project Officer in their file.
However, if obtaining the competency
demonstration prior to award is
impracticable or will cause a significant
delay of the award, project officers must
include a programmatic term and
condition in the grant requiring the
grantee to demonstrate competency
prior to performing any such activities.
This competency demonstration should
be documented in the project officer’s
file. Sample clauses will be provided in
the FAQ document.
Awards: If, at time of award, it is
uncertain whether the award will
exceed $200,000 (in federal funding) in
State
COG650000
COG651000
COG652000
Montana .............
emcdonald on DSK67QTVN1PROD with NOTICES
References
• U.S. EPA Grants and Debarment, https://
www.epa.gov/ogd.
• U.S. EPA CIO 2106.0 U.S. EPA Quality
Policy, October 20, 2008, https://
www.epa.gov/irmpoli8/policies/
21060.pdf.
• U.S. EPA CIO 2105–P–01–0 EPA Quality
Manual for Environmental Programs,
May 5, 2000, https://www.epa.gov/
irmpoli8/policies/2105P010.pdf.
• U.S. EPA Agency Policy Directive Assuring
the Competency of Environmental
Protection Agency Laboratories,
February 23, 2004, https://www.epa.gov/
fem/pdfs/labdirective.pdf.
• U.S. EPA Agency Policy Directive FEM–
2011–01 Policy to Assure Competency of
Organizations Generating Environmental
Measurement Data under Agency
Funded Acquisitions, March 28, 2011,
https://www.epa.gov/fem/pdfs/fem-labcompetency-policy.pdf.
Dated: April 19, 2013.
Glenn Paulson,
Science Advisor, Office of the Science
Advisor.
[FR Doc. 2013–10043 Filed 4–26–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9806–1]
Reissuance of Final NPDES General
Permits for Facilities/Operations That
Generate, Treat, and/or Use/Dispose of
Sewage Sludge by Means of Land
Application, Landfill, and Surface
Disposal in EPA Region 8
Environmental Protection
Agency (EPA).
AGENCY:
Permit No.
Colorado ............
North Dakota .....
MTG650000
MTG651000
NDG650000
NDG651000
South Dakota .....
SDG651000
VerDate Mar<15>2010
total maximum value and involve the
generation or use of environmental data,
the project officer will include a term/
condition in the award that the recipient
must demonstrate competency prior to
performing any such activities (an
example will be put in the FAQ
document).
14:16 Apr 26, 2013
25081
Notice of issuance of NPDES
general permits.
ACTION:
Region 8 of the EPA is hereby
giving notice of its reissuance of the
National Pollutant Discharge
Elimination System (NPDES) general
permits for facilities or operations that
generate, treat, and/or use/dispose of
sewage sludge by means of land
application, landfill, and surface
disposal in the States of CO, MT, ND,
and WY and in Indian country in the
States of CO, MT, ND, SD, WY and UT
(except for the Goshute Indian
Reservation and the Navajo Indian
Reservation). The effective date of the
general permits is May 13, 2013.
SUMMARY:
The general permits become
effective on May 13, 2013 and will
expire five years from that date. For
appeal purposes, the 120 day time
period for appeal to the U.S. Federal
Courts will begin May 13, 2013.
DATES:
FOR FURTHER INFORMATION CONTACT:
Additional information concerning the
final permits may be obtained from Bob
Brobst, EPA Region 8, Wastewater Unit
(8P–W–WW), 1595 Wynkoop Street,
Denver, CO 80202–1129, telephone
(303) 312–6129 or Email at
brobst.bob@epa.gov. The administrative
record is available by appointment for
review and copying, fee for copies may
be required, at the EPA Region 8 offices
during the hours of 10:00 a.m. to 4:00
p.m. Monday through Friday, Federal
holidays excluded. The final general
permits, the fact sheet, and additional
information may be downloaded from
the EPA Region 8 Web page at https://
www.epa.gov/region08/water/biosolids/
documents.html. Please allow one week
after date of this publication for items to
be uploaded to the Web page.
The
NPDES permit numbers and the areas
covered by each general permit are
listed below.
SUPPLEMENTARY INFORMATION:
Area covered by the general permit
State of Colorado except for Federal Facilities and Indian country.
Indian country within the State of Colorado and the portions of the Ute Mountain Indian Reservation located in New Mexico and in Utah.
Federal Facilities in the State of Colorado, except those located in Indian country, which are covered
under permit COG51000.
State of Montana except for Indian country.
Indian country in the State of Montana.
State of North Dakota except for Indian country.
Indian country within the State of North Dakota (except for Indian country located within the former boundaries of the Lake Traverse Indian Reservation, which are covered under permit SDG651000) and that
portion of the Standing Rock Indian Reservation located in South Dakota.
Indian country within the State of South Dakota (except for the Standing Rock Indian Reservation, which
is covered under permit NDG651000), that portion of the Pine Ridge Indian Reservation located in Nebraska, and Indian country located in North Dakota within the former boundaries of the Lake Traverse
Indian Reservation.
Jkt 229001
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E:\FR\FM\29APN1.SGM
29APN1
]]>Agencies
[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Pages 25079-25081]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10043]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9807-1]
Forum on Environmental Measurements Announcement of Competency
Policy for Assistance Agreements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Announcement of Competency Policy for Assistance Agreements.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency's Forum on Environmental
Measurements (FEM) is implementing an Agency-wide policy requiring
organizations generating or using environmental data under certain
Agency-funded assistance agreements to submit documentation of their
competency prior to award of the agreement, or if that is not
practicable, prior to beginning any work involving the generation or
use of environmental data under the agreement. The Policy was
originally approved on December 12, 2012 by the Science Technology
Policy Council (STPC) and will be effective on May 15, 2013. The Policy
will apply to all competitive and non-competitive assistance agreements
expected to exceed a total maximum value of $200,000 (in federal
funding) and awarded based on solicitations issued after May 14, 2013.
The Policy will be reviewed against frequently asked questions within
two years after its effective data and will either be reissued without
revision, reissued with revisions, or rescinded.
FOR FURTHER INFORMATION CONTACT: Comments or questions should be sent
[[Page 25080]]
to Ms. Lara P. Phelps, US EPA (E243-05), 109 T. W. Alexander Drive,
Research Triangle Park, NC 27709; emailed to phelps.lara@epa.gov; or
call (919) 541-5544.
SUPPLEMENTARY INFORMATION: For purposes of this Policy, the following
definitions apply:
Accreditation--As defined in various International Organization for
Standardization (ISO) publications and glossaries, accreditation is a
procedure by which an authoritative body gives formal recognition that
an entity is competent to carry out specific tasks.
Assistance agreement--As described in the U.S. EPA Grants and
Debarment Glossary (https://www.epa.gov/ogd/recipient/glossary.htm), an
assistance agreement is the legal instrument that the U.S. EPA uses to
transfer money, property, services, or anything of value to a recipient
to accomplish a public purpose. It is either a grant or a cooperative
agreement and will specify certain things including: budget and project
periods; the federal share of eligible project costs; a description of
the work to be accomplished, and any terms and conditions/special
conditions.
Competence--As defined in ISO 9000, competence is the demonstrated
ability to apply knowledge and skills.
Certification--As similarly defined in various ISO publications and
glossaries, certification is the recognition provided by an independent
body related to products, processes, systems or persons.
Environmental data--As defined in the U.S. EPA Quality Policy (CIO
2106.0; 10/20/08), environmental data include any measurements or
information that describe environmental processes, location or
conditions; ecological or health effects and consequences; or the
performance of environmental technology.
Applicability
This Policy applies to all U.S. EPA programs (e.g., Program
Offices, Regional Offices, and Laboratories) responsible for
evaluating, issuing, and/or managing Agency assistance agreements
involving organizations generating or using environmental data through
environmental sample collection, field measurements and/or laboratory
analyses. It applies to new competitive and non-competitive awards that
at the time of solicitation issuance or award are expected to exceed
$200,000 (in federal funding) in total maximum value (including any
amendments).\1\ This is an additional award requirement to be
implemented by the project officer(s) and overseen by the project
officer(s) or their technical designee(s). This Policy does not replace
any existing requirements (e.g., general information, quality system
requirements documentation) or prohibit an Agency program from placing
additional requirements or stipulations on an organization receiving an
award. Project officers are responsible for implementing the
requirements under this Policy and ensuring that appropriate
solicitation provisions and programmatic terms and conditions, if
necessary, are included in solicitations and assistance agreements.
---------------------------------------------------------------------------
\1\ While this Policy does not apply to existing awards, or
awards under the dollar threshold, offices are encouraged to apply
this Policy to those awards as deemed appropriate.
---------------------------------------------------------------------------
As mentioned above, this Policy applies to:
Awards made under competitive solicitations issued after
May 14, 2013 that are expected to exceed $200,000 (in federal funding)
in maximum total value and involve the use or generation of
environmental data; and
Non-competitive assistance agreements awarded after May
14, 2013 that are expected to exceed $200,000 (in federal funding) in
total maximum value and involve the use or generation of environmental
data.
Background/Authority
The U.S. EPA Science Policy Council (now U.S. EPA Science and
Technology Policy Council) established the Forum on Environmental
Measurements (FEM) as a standing committee of senior U.S. EPA managers
who provide the Agency and the public with a focal point for addressing
measurement, monitoring and laboratory issues with multi-program
impact. Since the inception of the FEM in April 2004, an action item
has existed for the FEM to assure the competency of organizations
funded by the Agency under acquisition and/or assistance agreements to
generate environmental data through measurement activities. The goal is
to assure that, nationwide, organizations performing environmental data
operations have effective quality management systems and technical
competence, and thus have the capability to generate valid
environmental data.
In 2004, the Agency issued a policy to assure the competency of
U.S. EPA laboratories. In 2011, the Agency issued a second policy to
assure the competency of organizations (e.g., laboratories, field
sampling and measurement) generating environmental data under Agency-
funded acquisitions (i.e., contracts).
The Policy announced today was developed to ensure the use of
competent organizations for performing activities involving the use or
generation of environmental data under Agency-funded assistance
agreements. As explained below, these organizations will have to
demonstrate competency either prior to award or prior to beginning such
activities. Project officers are responsible for implementing this
requirement.
A Frequently Asked Question document is available with further
details on implementing this Policy.\2\ This will be revised and
updated as necessary. Questions as to whether activities involve the
use or generation of environmental data and are covered by this Policy
should be referred to the FEM (https://www.epa.gov/fem/lab_comp.htm).
---------------------------------------------------------------------------
\2\ See https://www.epa.gov/fem/lab_comp.html.
---------------------------------------------------------------------------
Requirements
Organizations performing activities involving the use or generation
of environmental data under covered assistance agreements shall provide
the Agency with:
Quality documentation such as a quality management plan
(QMP), and/or other documentation that demonstrates conformance to U.S.
EPA quality program requirements; \3\ and
---------------------------------------------------------------------------
\3\ See https://www.epa.gov/quality.
---------------------------------------------------------------------------
Demonstration of competency in the field(s) of expertise.
Demonstration of competency may include (but not be limited to):
Current participation in accreditation or certification
programs that are applicable to the environmental data generated under
the Agency-funded assistance;
Ongoing participation by the organization in proficiency
testing (PT) or round robin programs conducted by external
organizations;
Ongoing U.S. EPA accepted demonstrations and audits/
assessments of proficiency; and
Other pertinent documentation that demonstrates competency
(e.g., past performance to similar statement of work [SOW]).
Assistance agreement solicitations and agreements will include
applicable provisions and terms and conditions. Examples will be
contained in the FAQ document.
Implementation
Competitive awards and solicitations: Program offices that issue
competitive solicitations expected to result in awards exceeding
$200,000 (in federal funding) in total maximum value that
[[Page 25081]]
will involve the generation or use of environmental data must include a
provision in the solicitation indicating that applicants for these
awards must demonstrate competency (i) prior to award or (ii) if that
is not practicable or will unduly delay the award prior to beginning
such activities under the award. For awards covered by (i) above where
the Project Officer obtains the competency demonstration prior to award
the Project Officer will include the demonstration in their file. For
awards covered by (ii) above, where the competency demonstration will
be made after award, the Project Officer will include a programmatic
term and condition in the grant requiring the grantee to demonstrate
competency prior to performing any work involving the use or generation
of environmental data. This competency demonstration should be
documented in the project officer's file. Sample clauses will be
provided in the FAQ document.
Non-competitive awards: Program offices that make non-competitive
awards expected to exceed $200,000 (in federal funding) in total
maximum value that will involve the generation or use of environmental
data should ensure that the applicant demonstrates their competency to
perform such activities prior to award. This will be documented by the
Project Officer in their file. However, if obtaining the competency
demonstration prior to award is impracticable or will cause a
significant delay of the award, project officers must include a
programmatic term and condition in the grant requiring the grantee to
demonstrate competency prior to performing any such activities. This
competency demonstration should be documented in the project officer's
file. Sample clauses will be provided in the FAQ document.
Awards: If, at time of award, it is uncertain whether the award
will exceed $200,000 (in federal funding) in total maximum value and
involve the generation or use of environmental data, the project
officer will include a term/condition in the award that the recipient
must demonstrate competency prior to performing any such activities (an
example will be put in the FAQ document).
References
U.S. EPA Grants and Debarment, https://www.epa.gov/ogd.
U.S. EPA CIO 2106.0 U.S. EPA Quality Policy, October 20,
2008, https://www.epa.gov/irmpoli8/policies/21060.pdf.
U.S. EPA CIO 2105-P-01-0 EPA Quality Manual for
Environmental Programs, May 5, 2000, https://www.epa.gov/irmpoli8/policies/2105P010.pdf.
U.S. EPA Agency Policy Directive Assuring the Competency of
Environmental Protection Agency Laboratories, February 23, 2004,
https://www.epa.gov/fem/pdfs/labdirective.pdf.
U.S. EPA Agency Policy Directive FEM-2011-01 Policy to
Assure Competency of Organizations Generating Environmental
Measurement Data under Agency Funded Acquisitions, March 28, 2011,
https://www.epa.gov/fem/pdfs/fem-lab-competency-policy.pdf.
Dated: April 19, 2013.
Glenn Paulson,
Science Advisor, Office of the Science Advisor.
[FR Doc. 2013-10043 Filed 4-26-13; 8:45 am]
BILLING CODE 6560-50-P
