EPA Eliminates ELAB and NACEPT Advisory Committees

The U.S. Environmental Protection Agency (EPA) has decided to eliminate two, long-standing advisory committees: the Environmental Laboratory Advisory Committee (ELAB) and the National Advisory Council for Environmental Policy and Technology (NACEPT). 

EPA took the action in response to a June 14, 2019, Executive Order (EO) issued by President Trump that requires all federal agencies and departments to evaluate the need for advisory committees established under Section 9(a)(2) of the Federal Advisory Committee Act (FACA). Entitled “Executive Order on Evaluating and Improving the Utility of Federal Advisory Committees,” the EO also would require each federal agency to terminate at least one-third of its current committees by September 30, 2019. The EO targets committees:

• That have accomplished their stated objectives;
• Where the subject matter or work of the committee has become obsolete;
• Where the primary functions of the committee have been assumed by another entity; or
•  Where the agency determines that the cost of the operation of the committee is excessive in relation to the benefits to the federal government.

EPA constituted ELAB under FACA in 1995. Its purpose was "to provide consensus advice, information and recommendations on issues related to enhancing EPA’s measurement programs and facilitating the operation and expansion of a national environmental accreditation program." NACEPT is even older, established in 1988 "to provide independent advice to the EPA Administrator on a broad range of environmental policy, technology and management issues." 

EPA on October 17, 2019, sent separate e-mails to the members of both committees.  EPA explained its decision as such: "After conducting thorough review with senior leadership of its 22 committees, the agency is terminating NACEPT [and ELAB]. The agency identified other more specialized FACs [Federal Advisory Committees] and collaborative groups that provide advice on the agency’s media-specific regulatory actions and policies, thus limiting EPA’s focus for NACEPT [and ELAB] charges."