Forum on Environmental Measurements Announcement of Competency Policy for Assistance Agreements, 25079-25081 [2013-10043]

Download as PDF 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 Fmt 4703 Sfmt 4703 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: E:\FR\FM\29APN1.SGM 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 Sfmt 4703 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 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 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]


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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