Federal Advisory Committee On Detection And Quantitation Approaches And Uses In Clean Water Act Programs

Final Ground Rules

The purpose of these ground rules is to make explicit the common expectations with which the members enter the process. They describe the purpose of the process, the manner in which the several governments and interests are structured for effective participation, the responsibilities of the members to one another and to their constituents, the spirit in which they will participate in the process and the responsibility of the facilitators to facilitate the process. The intent of these ground rules is to provide a framework for fruitful discussion and exchange that guides rather than constrains interaction, in accordance with the Federal Advisory Committee Act.

Participating in the facilitated process signals an understanding and acceptance of the ground rules. The ground rules may be amended by the committee as needed.

A. Purpose

EPA approves analytical methods (i.e., test procedures) used for monitoring and reporting chemical pollutants under the Clean Water Act. EPA's analytical methods specify detection limits to determine if a pollutant is present. Quantitation limits describe the concentration of a pollutant that can be measured with a known level of confidence. States, Tribes and EPA Regions that administer and enforce permit limits on direct discharges into water often use these values as reporting and compliance limits. Additionally, States and localities may use these values in administering and enforcing pretreatment programs for indirect discharges.

The major objectives of the Federal Advisory Committee on Detection and Quantitation Approaches and Uses in Clean Water Act Programs will be to provide group advice and consensus recommendations on approaches for the development of detection and quantitation procedures and uses of these procedures in Clean Water Act programs.

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B. Roles and Responsibilities of EPA

• EPA is convening the committee to receive group advice and consensus recommendations on approaches for the development of detection and quantitation procedures .
  • EPA will be an active participant in committee discussions and deliberations.
  • EPA will provide funding for the process.
  • EPA commits to responding to the committee’s product.
  • EPA will be responsible for making meeting summaries and documents prepared by or presented to the committee accessible to the public.
  • EPA will respond to requests from the media for information about the committee and its process.

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C. Roles and Responsibilities of Committee Members

• Members will collectively provide advice and recommendations on approaches for the development of detection and quantitation procedures and uses of these procedures in Clean Water Act programs.
• Members commit to attending all committee meetings in-person so they can participate in meeting discussions and vote on matters under discussion. A schedule of meetings will be agreed to at the initial committee meeting. If extraordinary circumstances prohibit a committee member from attending a meeting, special arrangements can be made to accommodate that member’s participation in the meeting via phone.
• Members will fully explore issues and will share discussion time, recognizing time limitations and the size of the committee.
• Members commit to search for opportunities for consensus or compromise and for creative solutions.
• All members of the committee will be responsible to engage their constituency and will seek to clearly articulate their constituency’s concerns and goals regarding the issues.
• All members recognize the legitimacy of the concerns and goals of others.
• All members will refrain from personal attacks and characterizations during meetings of the committee, any subcommittees, and the Technical Work Group (section K).
• Members will enter into a dialogue that includes listening carefully, asking questions, and educating others regarding needs. The atmosphere will be problem solving rather than stating positions.

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D. Role and responsibilities of the facilitators

• The facilitators are impartial individuals who guide the process, including facilitating committee and subcommittee meetings.
• The facilitators will be responsible for guiding the discussion and for assuring that all views are heard.
• The responsibility of the facilitators is to keep committee and subcommittee meetings focused on the agreed upon task, to suggest alternative methods and procedures, and to encourage participation by all members.
• The facilitators assist in the preparation of agendas, meeting materials, and logistics and will provide meeting summaries following each committee and subcommittee meeting.

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E. Role and responsibilities of the Designated Federal Officer

Richard Reding, Chief, Engineering and Analytical Support Branch of the Engineering and Analysis Division in the Office of Science and Technology within EPA’s Office of Water, will serve as the Designated Federal Officer.The Designated Federal Officer’s role is to:  

• Approve or call the meetings of the committee.
• Approve the meeting agenda.
• Attend all meetings or designate another EPA employee to attend as the Designated Federal Officer.
• Adjourn the meeting if such adjournment is in the public interest.
• Maintain required records on costs and membership.
• Ensure committee meetings are conducted in accordance with the Federal Advisory Committee Act.
• Provide copies of committee reports to appropriate agencies.
• Provide committee members with information on standards of conduct (ethics).
• Ensure that the committee Charter is current and has been filed with appropriate authorities.
• Ensure copies of minutes and documents prepared by or presented to the committee are accessible to the public.
• Provide public notice in advance of committee meetings including Federal Register notices.
• Ensure that meetings are open and accessible to the public.
• Ensure that detailed summaries are kept of all committee meetings.
• Certify that the meeting summaries are accurate prior to distribution.
• Prepare and file any annual or periodic reports.  

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F. Meeting content

• Meetings will be task-oriented with specific agendas. Agendas will describe the matter to be discussed and the purpose of the discussion.
• The committee may call upon technical experts or panels of experts to provide information at its meetings to support informed discussion.
• A draft agenda for the next meeting will be developed at the conclusion of each meeting. A copy of the draft agenda will be sent to committee members at least seven days prior to the meeting.
  • At the conclusion of each committee meeting, the facilitators will draft a brief summary statement of the meeting, which will be approved by the members, for members to use in communicating with their constituents.
• A draft meeting summary will be sent out to committee members within three weeks of the meeting. A draft meeting summary will be reviewed and approved at the next in-person meeting.

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G. Draft and Working Documents

In carrying out its work, the committee and Technical Work Group (Section K) will produce draft working papers for discussion and decision-making. These working documents will be identified on every page as drafts with a specific date. These drafts are works in progress and are not intended to be taken as final products.

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H. Communication during process

• All committee members accept the responsibility to keep their associates and constituency groups informed of the progress of the discussions and to seek advice and comments.
• Members agree that they will work out their differences at the table instead of in the media.
• Individual members are free to communicate to the media or elsewhere as long as they make it clear that the opinions are their own.
• Members will not characterize the motivations or values of any other member or group in discussions with the media.
• Press/media inquiries will be addressed by EPA.  

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I. Internal Decision-Making

• Consensus is defined as agreement of all members and consensus will be the method of determining committee agreement on issues. Members will vote using one of three options: “agree”, “disagree” or “not opposed.” Consensus will be defined as all members “agreeing” or “not opposed to” the decision. Votes will be tallied.
• In the absence of consensus, the committee will report different perspectives held on the issue and the rationale behind the perspectives.
• All reports will be reviewed and approved by the committee.
• The committee will take no official action, such as offering advice or recommendations, with fewer than 17 participating Advisory Committee members.
• In the event that a committee member is participating by phone, that member may participate in a consensus decision.
• On any decision, each interest group should have at least one representative participating in the decision. 

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J. Membership

The committee will consist of about 20 members appointed by the EPA Administrator to represent the following six categories:

•  State government,
• Environmental/public interest groups,
• Industry,
• Environmental laboratories,
• Wastewater treatment plant operators and
• US Environmental Protection Agency.

Vacancies on the committee that occur because of failure to attend two consecutive committee meetings, resignation, illness or death may be filled by the EPA Administrator; the replacement will be in the category with the vacancy.

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K. Technical Work Group

• A Technical Work Group, consisting of about 20 members, will be created to carry out assignments on technical issues for the Federal Advisory Committee.
• The committee will provide its assignments to the Technical Work Group in writing along with expectations for product development and a schedule for completion.
• The Technical Work Group will develop draft products for the committee’s consideration.
• The Technical Work Group will not make recommendations or decisions on behalf of the committee.
• The Technical Work Group will consist of individuals with appropriate technical expertise who reflect a balance of interests on the issues. At a minimum, each of the interest groups will be represented on the Technical Work Group. The facilitation team will propose a slate of nominees for the committee’s consideration and approval at its initial meeting.
• The Technical Work Group may call upon technical experts outside its membership, as needed, to complete assignments for the committee.
• Technical Work Group meetings, which are expected to be conducted through regularly-scheduled conference calls, will be facilitated and summarized by the facilitation team. Draft summaries of each Technical Work Group meeting will be provided to Technical Work Group members within one week of the conference call. These summaries will be approved at the next Technical Work Group meeting; the summaries will be distributed to committee members so the latter can remain abreast of the Group’s progress and, if appropriate, send questions and comments to the Technical Work Group.
• The Technical Work Group will include one or more committee members.

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L. Schedule

• The facilitation team will propose a schedule of meetings for the committee’s consideration and approval at its initial meeting. The schedule will reflect a widely-shared desire among committee members to complete the group’s work within 12 to 15 months of its initial meeting. If necessary, this schedule may be extended to allow pilot testing of promising approaches.
• Committee members agree to commit the time and resources needed to meet this aggressive schedule.
• Meetings are expected approximately four (4) times a year. Meetings may occur approximately every three (3) months or as needed and approved by the Designated Federal Officer.

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M. Observers and Informational Materials

• Meetings of the committee will be open to the public and the press.
• Observers are welcome at all committee meetings but will not be seated at the table or participate in discussions.
• To the extent possible, teleconference facilities will be provided to allow Technical Work Group members and interested citizens to observe the discussions of the committee.
• A time will be set aside in the agenda of each meeting for observers to offer their comments . Those who want to submit written comments for the committee’s consideration may do so.
• The committee may allow public comment prior to making a decision on a particular subject.
• If requested, a table will be provided at meetings where committee members or observers can place related materials to be taken by those who are interested.

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N. Products

• The final report of the process shall be approved by the committee.
• There will be a single report encompassing both issues on which there is agreement and issues on which there are differing perspectives.
• The goal of the process will be to develop group advice and consensus recommendations on approaches for the development of detection and quantitation procedures and uses of these procedures in Clean Water Act programs.

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