United States Environmental Protection Agency Office of Science Policy Office of Research and Development Washington, DC 20460 EPA100-B-98-001 January 1998 www.epa.gov Science Policy Council HANDBOOK EE ------- THIS PAGE LEFT INTENTIONALLY BLANK ------- EPA 100-B-98-001 January 1998 U.S. Environmental Protection Agency PEER REVIEW HANDBOOK Prepared for the U.S. Environmental Protection Agency by members of the Peer Review Advisory Group, a group of EPA's Science Policy Council Principal Authors Kerry L. Dearfield, Ph.D. A. Robert Flaak Office of Science Policy Science Advisory Board Office of Research and Development Office of the Administrator Major Contributors Jean C. Schumann Nancy W. Wentworth Office of Solid Waste Office of Research and and Emergency Response Development Roland B. Hemmett, Ph.D. Arnold M. Kuzmack, Ph.D. Region 2 Office of Water Science Policy Council U.S. Environmental Protection Agency Washington, DC 20460 ------- Page ii Peer Review Handbook DISCLAIMER This document has been reviewed in accordance with U.S. Environmental Protection Agency policy and approved for publication and distribution to the Agency. Mention of trade names or commercial products does not constitute endorsement or recommendation for use. ------- Peer Review Handbook Page iii TABLE OF CONTENTS FOREWORD Page ix SUMMARY OF THE PEER REVIEW PROCESS Page 1 Figure 1 - Flowchart for Planning a Peer Review Page 2 Figure 2 - Flowchart for Conducting a Peer Review Page 3 Figure 3 - Flowchart for Completing a Peer Review Page 4 Managers Planning Checklist for Peer Review Page 5 PEER REVIEW GUIDANCE Page 7 1. THE NEED FOR PEER REVIEW Page 9 1.1 Overview Statement Page 9 1.2 Understanding Peer Review Page 9 1.2.1 Why use Peer Review? Page 9 1.2.2 What is Peer Involvement? Page 10 1.2.3 What is Peer Review? Page 10 1.2.4 What is Peer Input? Page 11 1.2.5 How is Peer Review Different from Peer Input? Page 11 1.2.6 Can Someone Who Provided Peer Input Become an Independent Peer Reviewer for the Same Work Product Later in the Process? Page 12 1.2.7 How is Peer Review Different from Public Comment? Page 12 1.2.8 How is Peer Review Different from Stakeholder Involvement? .. Page 12 1.2.9 What Role does Peer Review have in the Regulatory Development Process? Page 13 1.2.10 What Role does Peer Review have in Regulatory Negotiations? . Page 14 1.3 Annual Agency Reporting Requirements Page 14 1.3.1 What are the Annual Reporting Requirements? Page 14 1.3.2 What Listings are Required for the Annual Reporting? Page 14 1.3.3 Is There a Coding System for Work Products on the Annual Reporting Lists? Page 16 1.3.4 When will the Handbook Itself be Revised? Page 17 1.4 The Roles of People and Organizations in Peer Review Page 17 1.4.1 Who is Ultimately Accountable for Peer Review? Page 17 1.4.2 Who are the Agency Staff involved in Peer Review? Page 17 ------- Page iv Peer Review Handbook 1.4.3 Who are the Decision-Makers & What are Their Responsibilities? Page 17 1.4.4 Who are the Peer Review Leaders & What are Their Responsibilities? Page 18 1.4.5 Who are the Peer Review Coordinators & What are Their Responsibilities? Page 19 1.4.6 Who are the Peer Reviewers? Page 21 1.4.7 What are the Responsibilities of Peer Reviewers? Page 21 1.4.8 What is an Independent Peer Reviewer? Page 21 1.4.9 When does an Agency Internal Peer Reviewer Qualify as Independent? Page 21 1.4.10 What is a Peer Review Panel? Page 22 1.4.11 What is a Subject Matter Expert? Page 22 1.4.12 What is the Role of the Science Policy Council (SPC)? Page 22 1.4.13 What is the Role of the Peer Review Advisory Group (PRAG)? . Page 22 1.4.14 What is the Role of the Office of Research and Development (ORD)? Page 23 2. PLANNING A PEER REVIEW Page 25 2.1 Overview Statement Page 25 2.2 Determining Which Work Products to Peer Review Page 25 2.2.1 What are Scientific and Technical Work Products? Page 25 2.2.2 What Scientific and Technical Work Products Need Peer Review? Page 25 2.2.3 How Does One Determine Whether a Scientific and/or Technical Work Product is "Major"? Page 26 2.2.4 What Economic Work Products Need Peer Review? Page 27 2.2.5 How Should Peer Review be Handled for Products Developed under an Interagency Agreement? Page 28 2.2.6 Should Products from Grants, Contracts and Cooperative Agreements Receive Peer Review? Page 28 2.2.7 Should Site Specific Decisions be Subject to Peer Review? Page 28 2.2.8 Should NEPA Products (e.g., EISs) be Subject to Peer Review? . Page 29 2.2.9 Should Environmental Regulatory Models be Peer Reviewed? . . Page 29 2.2.10 Is Peer Review Needed for Other Organization's Work Products that Have been Submitted to EPA for Use in Decision Making? . Page 29 2.2.11 Can Work Products That are Not Determined to be Major Still be Peer Reviewed? Page 30 ------- Peer Review Handbook Page v 2.3 Determining Which Work Products Do Not Receive Peer Review Page 30 2.3.1 Are There Circumstances When a Major Work Product is Not Peer Reviewed? Page 30 2.3.2 What Products Normally Do Not Need Peer Review? Page 31 2.4 Choosing a Peer Review Mechanism Page 32 2.4.1 How Do You Determine the Appropriate Peer Review Mechanism? Page 32 2.4.2 What are Examples of Internal Peer Review? Page 33 2.4.3 What are Examples of External Peer Review? Page 34 2.4.4 What is the Role of Peer Review by a Refereed Scientific Journal? Page 35 2.4.5 Is Peer Review Necessary when Journal Articles are Used in an Agency Work Product? Page 35 2.4.6 When and How Often Should Peer Review Occur? Page 36 2.4.7 What Factors are Considered in Setting the Time Frame for Peer Review? Page 36 2.4.8 Which Office/Region or Other Agency is Responsible for Conducting the Peer Review? Page 37 2.5 Creating the Peer Review Record Page 37 2.5.1 What is the Peer Review Record? Page 37 2.5.2 How Can the Peer Review Record Improve the Peer Review Process? Page 37 2.5.3 What Should Be in the Peer Review Record? Page 37 2.5.4 What Should I Do with a Peer Review Record That Pertains to a Rulemaking Action? Page 38 2.5.5 When Should the Peer Review Record Building Process Begin? . Page 38 2.5.6 What are the Differences in Record Keeping for a Review by an Individual Compared to a Panel? Page 39 2.5.7 Where Should the Peer Review Record be Kept and For How Long? Page 39 2.6 Budget Planning Page 40 2.6.1 What Budgetary Factors Should I Consider in a Peer Review? . . Page 40 2.6.2 What Input is Needed for the Annual Budget Formulation and Budget Execution Process? Page 40 2.7 Legal Considerations Page 40 2.7.1 Are There Legal Ramifications From the Peer Review Policy? . . Page 40 2.7.2 Is Legal Advice Needed? Page 41 2.7.3 Is Peer Review Subject to the Federal Advisory Committee Act (FACA)? Page 41 ------- Page vi Peer Review Handbook 3. CONDUCTING A PEER REVIEW Page 43 3.1 Overview Statement Page 43 3.2 Charge to the Peer Reviewers Page 43 3.2.1 What is a Charge? Page 43 3.2.2 What are the Essential Elements of a Charge? Page 44 3.2.3 Where Can I Get an Example of a Charge? Page 44 3.3 Time Line Page 44 3.3.1 What are the Factors in Scheduling a Peer Review? Page 44 3.4 Selection of Peer Reviewers Page 45 3.4.1 What are Considerations for Selecting Peer Reviewers? Page 45 3.4.2 Where Do I Find Peer Reviewers? Page 45 3.4.3 Are External or Internal Peer Reviewers Preferred? Page 46 3.4.4 What is Important in the Mix of a Peer Review Panel? Page 46 3.4.5 What is a Conflict of Interest? Page 47 3.4.6 What Techniques Help Ensure Disclosure and Appropriate Resolution of Conflicts of Interest? Page 47 3.4.7 Can Parties External to EPA Pay for Their Own Peer Reviews? . Page 48 3.4.8 Are There Constraints to Selecting Peer Reviewers? Page 49 3.5 Materials for Peer Reviewers Page 49 3.5.1 What Instructions Do You Give Peer Reviewers? Page 49 3.5.2 What Materials Should be Sent to Peer Reviewers? Page 50 3.5.3 How Closely can EPA Interact with Peer Reviewers During the Review? Page 51 3.6 Peer Review Services Page 52 3.6.1 What are Gratuitous Services for Peer Review? Page 52 3.6.2 Can I Use a Contract to Obtain Peer Review Services? Page 52 3.6.3 How Do I Write a Statement of Work for Contracts? Page 53 3.6.4 What are Advisory and Assistance Services (AAS) or Sensitive Activities? Page 53 3.6.5 What are Some Management Controls for Contracts? Page 54 3.6.6 Can the Agency Identify and/or Select Peer Reviewers Through a Contract? Page 56 3.6.7 Can I Use Simplified Acquisition Procedures to Obtain Peer Reviewers? Page 57 3.6.8 How is Travel Handled with Contracts or Purchase Orders? .... Page 58 3.6.9 How is Travel Handled with Special Government Employees? . . Page 59 ------- Peer Review Handbook Page vii 4. COMPLETING A PEER REVIEW Page 61 4.1 Overview Page 61 4.2 Final Work Product Page 61 4.2.1 How Do I Incorporate Peer Review Comments into the Final Work Product? Page 61 4.2.2 What Actions are Potentially Forthcoming from Peer Review? . . Page 62 4.2.3 Can the Identity of Peer Reviewers be Kept Anonymous? Page 62 4.3 Completing the Peer Review Record Page 63 4.3.1 How Do I Complete the Peer Review Record? Page 63 4.3.2 Where Should the Peer Review Records be Kept, and for How Long? Page 63 SUBJECT INDEX Page 65 COMMONLY USED ACRONYMS Page 67 APPENDIX A - Peer Review Policy Page A-l Peer Review Program Page A-2 Peer Review and Peer Involvement at the U.S. Environmental Protection Agency Page A-5 APPENDIX B - Examples of Charges Page B-l CHARGE EXAMPLE 1 - Charge to Reviewers for the WTI Draft Final Risk Assessment Page B-2 CHARGE EXAMPLE 2 - IRIS Pilot Program Page B-l 1 CHARGE EXAMPLE 3 - Science Advisory Board Review of the Agency's National Risk Management Research Laboratory's (NRMRL) Program Page B-14 CHARGE EXAMPLE 4 - Science Advisory Board (SAB) Review of the Technical Aspects of the Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM) Page B-15 CHARGE EXAMPLE 5 - Science Advisory Board (SAB) Review of the Statistical Performance of the Agency's Protozoan Oocyst Monitoring Methods Page B-16 CHARGE EXAMPLE 6 - Science Advisory Board (SAB) Review of the Environment Monitoring and Assessment Program (EMAP) Research Strategy and Research Plan Page B-17 ------- Page viii Peer Review Handbook APPENDIX C - Guidance on Requesting a Review by the Science Advisory Board (SAB) Page C-l APPENDIX D - Example Statements of Work for Contracts Page D-l STATEMENT OF WORK - EXAMPLE 1 - Statement of Work: Technical Review Contractor for Panel Review of Assistance Agreement or Fellowship Applications Page D-2 STATEMENT OF WORK - EXAMPLE 2 - Peer Review of Prioritization Tool Report Page D-5 STATEMENT OF WORK - EXAMPLE 3 - External Peer Review of Protozoa Method Development Criteria Document PageD-12 APPENDIX E - References Concerning Peer Review Page E-l ------- Peer Review Handbook Page ix FOREWORD EPA's Science Policy Council (SPC) has organized this Peer Review Handbook as guidance to EPA staff and managers on the organization and conduct of peer review pursuant to the Administrator's June 7, 1994 Peer Review Policy statement. The Handbook is based in part on the central themes set forth in the Policy statement (see Appendix A for the full policy): Major scientifically and technically based work products related to Agency decisions normally should be peer reviewed. Agency managers within Headquarters, Regions, laboratories, and field components determine and are accountable for the decision whether to employ peer review in particular instances and, if so, its character, scope, and timing. These decisions are made in conformance with program goals and priorities, resource constraints, and statutory or court-ordered deadlines. For those work products that are intended to support the most important decisions or that have special importance in their own right, external peer review is the procedure of choice. Peer review is not restricted to the penultimate version of work products; in fact, peer review at the planning stage can often be extremely beneficial. In addition, the Handbook augments these themes by stating and explaining widely- accepted principles and practices that have long guided peer review in the universities, in private research organizations, and at the EPA and other government agencies. The goal of the Peer Review Policy and this Handbook is to enhance the quality and credibility of The Policy requires peer review . j • • u ^u A4.u • 4.-C j of the basis of the decision n.e., Agency decisions by ensuring that the scientific and , , , . . . . ~ . , • , , 11 . j i • .u j • • the underlying major scientific technical work products underlying these decisions ,. , • , , , , . , i r. • u-j j^ and/or technical work products), receive appropriate levels of peer review by independent ... , . . .. 1f t fioi the decision itself. scientific and technical experts. To serve this goal, the ^^^^^^^^^-^^J^^^^^^^ Handbook provides information and outlines procedures in several different areas: basic principles and definitions, including distinctions between peer review and peer input, public comment, and stakeholder involvement; preparing for peer review, including identifying work products, identifying appropriate peer review mechanisms, and identifying qualified experts; and, conducting and completing peer reviews, including materials required for peer review, creating a peer review record, and utilizing peer review comments. ------- Pagex Peer Review Handbook This Handbook has three parts. The first contains flow charts that outline the key steps in conducting a peer review, along with a managers' checklist for planning peer reviews. The second part contains peer review guidance detailing the procedures outlined in the flow charts in a question and answer format. The third part contains Appendices including the 1994 Peer Review Policy and examples to help perform quality peer reviews. Some procedures outlined in the 1994 Policy have been completed while others are continuing to change in line with Agency experience. These changes have been incorporated into the current Handbook. Dorothy E. Patton, Ph.D. Executive Director, Science Policy Council Science Policy Council Fred Hansen, OA, Chair Lynn Goldman, OPPTS, Vice-Chair Joseph Alexander, ORD Donald Barnes, OA Tudor Davies, OW Jeanne Fox, Region 2 Sylvia Lowrance, OECA Ramona Trovato, OA Michael Shapiro, OSWER Lawrence Weinstock, OAR Robert Wolcott, OPPE Science Policy Council Steering Committee Dorothy Patton, ORD, Chair Donald Barnes, OA Patricia Cirone, Region 10 William Farland, ORD Michael Feldman, OCFO Penelope Fenner-Crisp, OPPTS Michael Firestone, OPPTS Jerri-Anne Garl, Region 5 Roland Hemmett, Region 2 Carl Mazza, OAR James Nelson, OGC Jennifer Orme-Zavaleta, ORD Peter Preuss, ORD Larry Reed, OSWER Joseph Reinert, OPPE Rosemarie Russo, Region 4 Vanessa Vu, OPPTS Mary Ellen Weber, OPPTS Jeanette Wiltse, OW William Wood, ORD Science Policy Council Staff Edward Bender Kerry Dearfield James Rowe Mary McCarthy-O'Reilly Dorothy Patton, Executive Director, Science Policy Council ------- Peer Review Handbook Page 1 U.S. Environmental Protection Agency SUMMARY OF THE PEER REVIEW PROCESS This section of the Peer Review Handbook contains flowcharts and descriptions of the major steps in conducting a peer review. Cross references to the appropriate section on Peer Review Guidance are shown in parenthesis and bolded. The Managers Planning Checklist for Peer Review (on page 5) is designed to give Managers/Decision-Makers a simple tool to help plan for a successful peer review. It asks questions that should be considered by a manager or Decision- Maker during the peer review process to insure that necessary actions are taking place. This checklist is also intended to be used by staff (especially Peer Review Leaders and Coordinators) to inform managers and Decision-Makers on some of the key steps and considerations that are necessary in carrying out a successful peer review. ------- Page 2 Peer Review Handbook Figure 1 - Flowchart for Planning a Peer Review Determination of "major scientific and technical work product": ~ It is a scientific, engineering, economic, or statistical document (§ 2.2.1) ~ Determine if the work product is major (§ 2.2.3) ~ Major products meet certain criteria (§ 2.2.3) Work product is a candidate for peer review : ~ Major work products are subject to peer review (§ 2.2.2) ~ Some non-major work products have to be evaluated to determine if peer review would still benefit the product (§ 2.2.11) Work product is not a candidate for peer review : ~ Most non-major work products are typically not candidates for peer review (§ 2.3.2) ~ Major work product consists only of science previously peer reviewed and adequate under the Agency's Policy (§ 2.3.1) ~ Place work product on List C (§ L3.2c)) If a work product is subject to peer review: ~ Identify basis for charge (§ 3.2.1) - Identify key staff (§ 1.4) ~ Create a peer review record (§ 2.5) ~ Ensure source of funding for the peer review (§ 2.6) ~ Estimate completion date for peer review (§ 3.3.1) - Place the work product on List B (§ 1.3.2b)) Prepare Work Product Work Product is Not Subject to Peer Review Policy Work Product is a Candidate for Peer Review • Identify Basis for Charge -Identify Key Staff - Create Peer Review Record • Ensure Availability of Funds • Determine Overall Time Frame Place Work Product on List B Continue with Conducting a Peer Review ------- Peer Review Handbook Page 3 Figure 2 - Flowchart for Conducting a Peer Review 6. Develop the charge (§ 3.2.2): ~ Determine which key issues to address ~ Include in peer review record (§ 2.5.3) Select a peer review mechanism (§ 2.4) - Internal (§ 2.4.2) - External (§ 2.4.3) - Mail review (§ 2.4.3) ~ Face to face meeting (§ 2.4.3) ~ One time or multiple meetings (§ 2.4.6) ~ Include logistical information in peer review record (§ 2.5.3) Determine the specific time line (§ 3.3): ~ When will the review be started ~ What are the intermediate check points ~ What is the deadline for completion Select peer reviewers (§ 3.4): ~ Determine sources of peer reviewers (§ 3.4.2) ~ Determine expertise required (§ 3.4.4) ~ Consider balance/address (§ 3.4.4) - Consider conflicts of interest (§ 3.4.5 & 3.4.6) ~ Include documentation in peer review record (§ 2.5.3) Materials for the peer review (§ 3.5): ~ Obtain materials from Program for review ~ Prepare instructions for peer reviews (§ 3.5.1) ~ Forward materials to peer reviewers (§ 3.5.2) ~ Include copy of materials in peer review record (§ 2.5.3) Conduct the peer review ~ Obtain written comments from reviewers ~ Include in peer review record (§ 2.5.3) Note: Some of these steps may occur concurrently. Add to Peer Review Record Continue with Completing a Peer Review ------- Page 4 Peer Review Handbook Figure 3 - Flowchart for Completing a Peer Review Receive Comments from Peer Reviewers Evaluate comments from peer reviewers (§ 4.2.1) ~ Responding and reacting to comments ~ Obtaining clarification, if needed Comments that are considered, but not used (§ 4.3.1) ~ Determine why not used and document ~ Include comments in peer review record (§ 2.5.3) Comments that are useful (§ 4.3.1) ~ Revise the work product by incorporating comments ~ Send revised work product back to peer reviewers, if necessary ~ Include comments in peer review record (§ 2.5.3) Finalize work product (§ 4.3.1) ~ Include in peer review record (§ 2.5.3) ~ Move work product from List B to List A Are Peer Reviewers Comments used in Work Product? Move the Work Product from List B to List A ------- Peer Review Handbook Page 5 Managers Planning Checklist for Peer Review 1) Title of Work Product: 2) What Decision/Rule/Regulation/Action Does this Work Product Support: 3) Determination of Major Scientific and Technical Work Products D Is the work product scientific or technical yes no? D Is the work product major or non-major? 4) Determining What Peer Review is Needed D If major, peer review is needed D If not major, is peer review still needed D When does the review need to be done? D How much time will be needed to conduct/complete the review? D Are there court ordered deadlines or other constraints? D Has senior management (AA/RA/others) been informed of progress/problems? D What would constitute success for this review? 5) Determining the Resources for Peer Review D What is the priority of this project relative to other projects in the same office? D What resources are needed to conduct the review? D What are the impacts of the review on personnel? D Who will lead the peer review? D Who will conduct the peer review? D Who will maintain the peer review record? D Where will the peer review record be kept? D What mechanism will be used for the peer review? D Has the charge been developed? D Has internal and external coordination been initiated/completed? D Have arrangements for interim/final sign-offs (e.g., for the charge, the panel, on any changes to the final work product) been made? D How will results of the review be presented and addressed in the final work product (e.g., in a preamble, in an accompanying appendix — as well as changes in the work product itself)? D Has the work product been entered onto List B or C, as appropriate? 6) Comments: ------- Page 6 Peer Review Handbook THIS PAGE LEFT INTENTIONALLY BLANK ------- Peer Review Handbook Page 7 U.S. Environmental Protection Agency PEER REVIEW GUIDANCE ------- Page 8 Peer Review Handbook THIS PAGE LEFT INTENTIONALLY BLANK ------- Peer Review Handbook Page 9 1. THE NEED FOR PEER REVIEW 1.1 Overview Statement Peer review at the U.S. Environmental Protection Agency (EPA) takes many different forms depending on the nature of the work product, relevant statutory requirements, and office- specific policies and practices. In January 1993, responding to recommendations in the report Safeguarding the Future: Credible Science, Credible Decisions, former Administrator William Reilly issued an Agency-wide policy for peer review. Administrator Carol Browner reaffirmed the central role of peer review in the Agency on June 7, 1994 and instituted an Agency-wide implementation program (see Appendix A). Following Agency-wide implementation, office and region-specific standard operating procedures (SOPs) were written and have been used since 1994. Based on the experiences of those managing peer review throughout the Agency since then, as reported to the Science Policy Council (SPC) and its Peer Review Advisory Group (PRAG), we found that a single Agency-wide document on peer review was needed. Therefore, this Peer Review Handbook is created as a single, centralized form of implementation guidance for Agency staff and managers. While the Handbook supersedes the original SOPs, Agency offices and regions can still prepare brief tailored guidance that meets their individual needs to supplement the information in this Handbook. 1.2 Understanding Peer Review 1.2.1 Why use Peer Review? Peer review is intended to uncover any technical problems or unresolved issues in a preliminary (or draft) work product through the use of independent experts. This information is then used to revise that draft product so that the final work product will reflect sound technical information and analyses. Peer review is a process for enhancing a scientific or technical work product so that the decision or position taken by the Agency, based on that product, has a sound, credible basis. To be most effective, peer review of a major scientific and/or technical work product needs to be incorporated into the up-front planning of any action based on the work product ~ this includes obtaining the proper resource commitments (people and money) and establishing realistic schedules. Peer review is not free; however, not doing peer review can be costly. Peer review of major scientific and technical work products should not be looked upon as another "hurdle" in the Agency decision making processes. While peer review requires that time ------- Page 10 Peer Review Handbook and resources be planned into the decision making process, the benefits justifies the added cost. Peer review enhances the credibility and acceptance of the decision based on the work product. By ensuring a sound basis for decisions, greater cost savings are realized since decisions will not be challenged as often and extra effort will not be required to go back and redo the work product. So while peer review is not free, the cost of not doing peer review is usually much more expensive. Furthermore, not conducting a peer review can potentially place the Agency in the position of attempting to defend a scientifically invalid position — which can be very costly in terms of both resources, and more importantly, credibility. 1.2.2 What is Peer Involvement? As defined in the Peer Review Policy, peer involvement is the process whereby Agency staff involve subject-matter experts from outside their program in one or more aspects of the development of work products. Peer involvement, therefore, constitutes active outreach to and participation by the broad scientific, engineering, and economics communities beyond the Agency (external) as well as within the Agency (internal). Typically, peer involvement takes two general forms: peer input (ongoing discussions during the development of the work product) and peer review (an evaluation of a workplan, preliminary draft or the like, or most often, the critical, final objective expert evaluation of the work product). 1.2.3 What is Peer Review? Peer review is a documented critical review of a specific Agency major scientific and/or technical work product. The peer review is conducted by qualified individuals (or organizations) who are independent of those who performed the work, but who are collectively equivalent in technical expertise (i.e., peers) to those who performed the original work. The peer review is conducted to ensure that activities are technically adequate, competently performed, properly documented, and satisfy established quality requirements. The peer review is an in-depth assessment of the assumptions, calculations, extrapolations, alternate interpretations, methodology, acceptance criteria, and conclusions pertaining to the specific major scientific and/or technical work product and of the documentation that supports them. Peer review may provide an evaluation of a subject where quantitative methods of analysis or measures of success are unavailable or undefined; such as research and development. Peer review is usually characterized by a one-time interaction or a limited number of interactions by independent peer reviewers. Peer review can occur during the early stages of the project or methods selection, or as typically used, as part of the culmination of the work product, ensuring that the final product is technically sound. ------- Peer Review Handbook Page 11 1.2.4 What is Peer Input? Many Agency work products are developed with the input of various scientific and technical experts inside and outside the Agency. Like the contribution made by peer reviewers, peer input is valuable and enhances the scientific or technical basis of the products. Peer input, sometimes referred to as peer consultation, generally connotes an interaction during the development of an evolving Agency work product, providing an open exchange of data, insights, and ideas. Peer input may be characterized by a continued and iterative interaction with scientific experts during work product development. A common example of peer input is the input received from workgroup members during development of a product. Many Agency products are developed through the efforts of a workgroup, which may include external experts, such as State and Tribal representatives. These workgroup members have an active, ongoing participation in developing the work product. Another example of obtaining peer input is of an Agency office sending a draft work product to a list of stakeholder representatives for general comments (stakeholder representatives often include experts who could be considered "peers"). 1.2.5 How is Peer Review Different from Peer Input? The key distinctions between peer input as described above and formal peer review are the independence of the peer reviewers and their level of involvement. The goal of peer review is to obtain an independent, third-party review of the product from experts who haven't substantially contributed to its development. When experts have a material stake in the outcome of the peer review (such as a regulated party) or have participated substantially in the development of the product (such as a workgroup member), those experts' reviews may not qualify as unbiased, independent peer review and may be better characterized as peer input. Peer Input is not a substitute for Peer Review It is clear that peer input provides valuable contributions to the development of the work product. However, peer input does not substitute for peer review. Once a work product is considered major, it is a candidate for peer review and entered on List B (Candidate Products for Future Peer Review -- see section 1.3.2b)) — even though the work product may already have a substantial amount of peer input. In other words, one cannot argue that a peer review is not necessary if a major work product has received "enough" peer input. If the work product is not considered major and has had peer input, it is entered on List C (Products for Which a Decision has been made not to Peer Review — see section 1.3.2c)) with comments about the extent of the peer input. ------- Page 12 Peer Review Handbook 1.2.6 Can Someone Who Provided Peer Input Become an Independent Peer Reviewer for the Same Work Product Later in the Process? Generally, the answer is no as that expert is no longer independent, but rather a contributor to the work product. There may be special circumstances where the expertise is so narrow that another peer reviewer isn't available. The Peer Review Leader (see section 1.4.4) will normally be responsible for making this determination. 1.2.7 How is Peer Review Different from Public Comment? Peer review and public comment are mutually exclusive. Public comment solicited from the general public through the Federal Register or by other means is often required by the Administrative Procedures Act, relevant statutes or both. Public comment can also be solicited for policy purposes. The Agency takes public comment on some strictly scientific products and almost all regulatory decisions. Public commenters usually include a broad array of people with an interest in the technical analysis or the regulatory decision; some are scientific experts (which may provide some peer input), some are experts in other areas, and some are interested non-experts. The critical distinction is that public comment doesn't necessarily draw the kind of independent, expert information and in-depth analyses expected from the peer review process. Public comment is open to all issues, whereas the peer review process is limited to consideration of technical issues. While it may be an important component of the review process, public comment does not substitute for peer review. Public comment does not substitute for peer review. 1.2.8 How is Peer Review Different from Stakeholder Involvement? Stakeholder involvement occurs when the Agency works with external interest groups that have some stake in or concerns over the outcome of the technical work product or regulatory position. This is an interactive process, working with other agencies, industry groups, regulated-community Stakeholder involvement is not a peer review mechanism. experts, environmental groups, other interest groups that represent a broad spectrum of the regulated community, etc., and usually strives for a consensus approach. The goal of peer review, on the other hand, is to obtain an independent, third-party review. Stakeholder involvement is not a peer review mechanism — as with peer input, once a decision is made that peer review is needed, stakeholder involvement does not substitute for peer review even though it adds value to the work product. ------- Peer Review Handbook Page 13 1.2.9 What Role does Peer Review have in the Regulatory Development Process? The peer review of scientific and technical work products that support rulemaking actions is an important, fundamental step in the policy setting process and which affirms the credibility of the Agency. Because new rules, and the work products supporting them, must often withstand intense scrutiny by the general public and the stakeholders involved in the action, the peer review process selected for such work products needs to be well planned and documented. The rule or regulation itself is not subject to the Peer Review Policy. However, if the rule or regulation is supported by a major scientific and/or technical work product, that work product should be peer reviewed prior to its use in the rule (see section 2.2 for determination of major work products). The decision to peer review or not peer review any scientific and/or technical work product will be documented through the Agency's annual peer review reporting process (see section 1.3). Remember, public comment and stakeholder involvement do not constitute peer review. Tier 1 and Tier 2 rulemakings, are by definition important, major Agency rulemakings within the Agency. Therefore, work products supporting Tier 1 and Tier 2 rules in particular (including rules that are determined to be "significant" by OMB under Executive Order 12866 because they have an economic impact of $100 million or more) should be closely scrutinized to determine whether they meet the criteria for major (see section 2.2.3). Work products supporting Tier 3 rulemakings may also be considered major and thus candidates for peer review. External peer review is the procedure of first choice for a work product that is intended to support a Tier 1 or Tier 2 rulemaking. Although acceptable in certain circumstances, any decision to use an internal peer review mechanism for such work products would be the exception rather than the rule. For work products supporting a Tier 3 rule, internal or external peer review may be appropriate depending on the nature of the product and other factors (see section 2.4.1). For Tier 1 and Tier 2 rulemakings, the Final Agency Review/closure memo needs to indicate that the Peer Review Policy was followed. For Tier 3 rulemakings, the action memo needs to indicate that the Peer Review Policy was followed. Analytic blueprints are required for Tier 1 and Tier 2 rulemakings, and are encouraged for Tier 3 rulemakings; some individual EPA offices require it for Tier 3. For peer review purposes, the analytic blueprint is the process whereby the project manager identifies the supporting scientific and technical work products and identifies needed peer review. It also shows the schedule of the peer review in the context of the schedule for the overall rulemaking. In general, peer review should be completed as early in the process as practicable. Where possible, peer review of work products should be completed prior to issuance of the draft regulation. In some cases, support work products for final regulations may require an additional peer review if those scientific and technical work products change significantly after the public comment period. ------- Page 14 Peer Review Handbook 1.2.10 What Role does Peer Review have in Regulatory Negotiations? Regulatory negotiations are not candidates for peer review; however, to ensure final decisions are based on sound and credible science, the major scientific and technical work products that support the negotiation need peer review before the negotiation takes place. 1.3 Annual Agency Reporting Requirements 1.3.1 What are the Annual Reporting Requirements? The Peer Review Coordinator (for each AA/RA; see section 1.4.5) will organize an annual review of all peer review activities and submit this information to the Office of Research and Development (ORD). ORD will staff this function at the direction of the Deputy Administrator. In the Deputy Administrator's annual call for submissions, guidance on format and submission of this information will be provided. ORD will review the submissions for completeness, i.e. all information is provided and products are accounted for each year. ORD will then provide a review of the completeness of the information in the submissions through consultation with the appropriate persons in each organization (see section 1.4). ORD will then consolidate the information and findings for the SPC and the Deputy Administrator. Any conflicts arising from the review will be resolved by the Deputy Administrator. The due date for the annual reporting will be announced each year in the annual call letter; however, for planning purposes, it is normally due in the early summer. 1.3.2 What Listings are Required for the Annual Reporting? Three listings of products are required for the annual reporting: a) List A - Products Peer Reviewed Since 1991 1) List A is a cumulative list of peer reviewed products from 1991 to the present. 2) For each new work product entered onto List A, a short report summarizing the peer review must also be provided and attached to List A. This summary report is signed by the appropriate Decision-Maker (see section 1.4.3). Signatures by Decision-Makers should be affixed as originals in the peer review record and copies submitted with List A. However, for reports submitted by electronic means, the submitted report should identify the name of the signer and the date signed. ------- Peer Review Handbook Page 15 3) The format and content of the summary report will be provided in the annual call letter (see section 1.3.1). b) List B - Candidate Products for Future Peer Review 1) List B is a listing of products that are expected to be peer reviewed in the near future. 2) This List contains major scientific and technical work products and any non-major scientific and technical work products for which peer review has been deemed necessary or appropriate. 3) Work products placed on List B remain on List B until they are either peer reviewed (after which they are moved to List A) or a decision is made not to peer review that work product (at which point it is moved to List C). 4) The peer review summary report that eventually accompanies each List A peer review product should be initiated at the time a work product is decided to be peer reviewed and filled in as the peer review proceeds. This is easier than waiting until the peer review of the work product is completed while the details are still fresh. c) List C - Products for Which a Decision has Been Made Not to Peer Review 1) List C is a cumulative listing of all scientific and technical work products that do not receive peer review (see section 2.3). 2) List C includes: (a) any major scientific and technical work products for which a decision was made not to peer review; (b) those work products which were originally placed on List B, but for which it was decided that peer review was not necessary (e.g., the product was not used in decision making; the project was canceled); and (c) all non-major scientific and technical work products. 3) List C also includes several categories of work products that would not normally receive peer review. It is not necessary to list these work products individually on List C, however, the total number prepared by the organization must be included on List C. The organization may need to identify the individual products if requested (e.g., due to litigation, FOIA, ------- Page 16 Peer Review Handbook etc.). Such categories can include, but may not be limited to: chemical action reports, RCRA permits, scientific analyses for Premanufacturing Notices (PMNs) that are conducted on a routine basis and that do not deviate from established practice, and NPDES permits. 4) List C also includes any scientific papers (articles) that were published in a credible peer reviewed journal (i.e. for purposes of listing journal articles, only published articles, rather than projected articles, is intended). It is not necessary to list these papers individually on List C, however, the total number prepared by the organization and peer reviewed by journals must be included on List C. The organization may need to identify the individual papers and where published, if requested (e.g., due to litigation, FOIA, etc.). (See sections 2.4.4 and 2.4.5). 5) Each work product on List C needs a brief description in the "comments" column of the reason(s) it is not being peer reviewed. In addition, each Decision-Maker must provide signed documentation that identifies the work products that they decided not to peer review (other than work products that are included in categories in 3) and 4), above). ORD will provide a standardized format for this documentation. Signatures by Decision-Makers should be affixed as originals in the peer review record and copies submitted with List C. However, for reports submitted by electronic means, the submitted document should identify the name of the signer and the date signed. 1.3.3 Is There a Coding System for Work Products on the Annual Reporting Lists? The work products that are placed on these lists should be assigned a discrete code number. A coding system will uniquely identify each work product when it is first listed on any of these lists. This will assist in tracking each work product from year to year and when it moves from one list to another. The code will be: YEAR (2 digits) - OFFICE/REGION (usual initials) - RUNNING NUMBER (4 digits and in sequential numbering for that year the work product was first placed on any list); for example, 97-OAR-0001, 98-OW-0010, 99-R05-0012, 00-OPPTS- 0054, or 01-Rl0-0002. The code number needs to be assigned at the time the annual report is developed (although the code number can be assigned anytime during the year that the peer review is ------- Peer Review Handbook Page 17 planned). The code number is assigned by the Peer Review Coordinator to provide a single, consistent numbering sequence. 1.3.4 When will the Handbook Itself be Revised? During each annual reporting cycle, suggestions for revisions to the Handbook should be submitted. A decision will be made by the Science Policy Council (SPC) on whether to revise the Handbook, in part or total, or not based on the suggestions. The SPC will then direct the Peer Review Advisory Group (PRAG) to draft the revision(s) for Agency comment and SPC approval. 1.4 The Roles of People and Organizations in Peer Review 1.4.1 Who is Ultimately Accountable for Peer Review? Under the June 7, 1994 Peer Review Policy, the Administrator has designated the Assistant Administrators and Regional Administrators (AAs and RAs) to be accountable for implementing the Policy in their respective organizations. The Deputy Administrator is ultimately responsible for peer review across the Agency and is the final arbitrator of conflicts and concerns about peer review. 1.4.2 Who are the Agency Staff involved in Peer Review? The principal Agency staff involved are Decision-Makers (and their line managers), Peer Review Leaders and Peer Review Coordinators. In addition, staff in ORD have been designated by the Deputy Administrator for ensuring the Agency's Peer Review Policy requirements are met. 1.4.3 Who are the Decision-Makers & What are Their Responsibilities? The AA/RA is the ultimate Decision-Maker for their organization and is accountable for the decisions regarding the identification of major scientific and technical work products and the mechanism(s) of peer review utilized for each of the products. The AA/RA may designate the Office Directors and Division Directors (or other appropriate level line-managers) as the front- line Decision-Makers. Generally, the Decision-Makers [usually line-managers] decide whether a work product is major and needs peer review or not, and what peer review mechanism to use. Furthermore, the Decision-Makers commit the resources needed to ensure a proper peer review. Decision-Makers are responsible for ensuring that the peer reviews are properly performed and documented. ------- Page 18 Peer Review Handbook Specific responsibilities of the Decision-Maker(s) are the following: a) Determine which work products in their organization require peer review b) Designate (in conjunction with the Project Manager) a Peer Review Leader to organize the peer review c) Provide advice, guidance, and support to the Peer Review Leader in the preparation, conduct, and completion of the peer review d) Ensure that sufficient funds are designated in the office's budget request to conduct the peer review; also ensure that adequate resources and/or extramural management support are available for the peer review e) Establish a realistic peer review schedule f) Designate the stage(s) of product development where peer review is appropriate g) Ensure that the results of peer review are carried forward in the work product h) By signature, document the decisions made that are reported in the annual reporting to the SPC and Deputy Administrator; this includes signing the peer review summary report for each completed peer review i) Certify any decision NOT to peer review a product by signature on a List C submission 1.4.4 Who are the Peer Review Leaders & What are Their Responsibilities? The Peer Review Leader organizes and oversees the peer review for a specific individual work product. This person(s) can be the Decision-Maker(s), but will usually be someone who is authorized by the Decision-Maker to organize, conduct, and complete the peer review. This individual may also be the Project Manager for the work product. The Peer Review Leader will obtain the assistance and support of the Peer Review Coordinator (see below) as well as any others within the Agency to help perform the peer review. The Peer Review Leader will be chosen on a case by case basis depending on the work product needing peer review. ------- Peer Review Handbook Page 19 Specific responsibilities of the Peer Review Leader are these: a) Keep the Decision-Maker informed of the status of a given project; provide Peer Review Coordinator with data for the annual report b) Organize, conduct, and complete the peer review following Agency procedures c) Establish and maintain the peer review record for the specific individual peer review currently being performed (see section 2.5); this includes initiating the peer review summary report for the Decision-Maker to sign when the peer review is completed d) Select the peer reviewers in consultation with others involved with the peer review (e.g., Decision-Maker or responsible line manager) e) Advise peer reviewers of their responsibilities f) Brief management and obtain management approval on the approach to responding to peer reviewer comments g) Provide information to Decision-Maker on the charge, profile of peer reviewers, the peer review comments, and how those comments are to be used h) Notify the Peer Review Coordinator that the peer review is completed for the annual report i) Archive the peer review record in a manner consistent with their organization's archiving procedures 1.4.5 Who are the Peer Review Coordinators & What are Their Responsibilities? The Peer Review Coordinator is designated by the AA/RA to coordinate and monitor peer review activities in their respective organization or organizational unit. This person must be of sufficient stature and judgment to have the access to and confidence of all levels of office or regional management when needed. The Peer Review Coordinator is the main contact for their organization; they can also direct interested parties to other persons/contacts in the office on specific work products (e.g., Peer Review Leader). ------- Page 20 Peer Review Handbook Specific responsibilities of the Peer Review Coordinator are these: a) General oversight responsibility for the Office's or Region's peer review process b) Report peer review activities to the AA/RA c) Help mediate difficult issues between their organization and others; if they can't resolve issue, then bring the issue to the attention of the appropriate level Decision-Makers in each organization for resolution. d) Function as the liaison with ORD and the Science Policy Council (SPC): 1) Represent office/region before the SPC 2) Advise ORD of any changes in the list of work products and peer review mechanisms during the annual reporting, and when necessary, at other times 3) Participate in Agency peer review training, workshops, etc., as requested and disseminate this information to the organization; coordinate and/or present training within their organization e) Submit information on organization's peer review candidates for each year as requested (this is the annual reporting, see section 1.3) 1) Generate and update Lists A, B, and C 2) Assure the proper approval signature on the completed submission with the accompanying explanation for any departures from the Policy f) Establish procedures to assure that the required work product peer review documentation (i.e., peer review record) is filed and maintained in an appropriate manner (see section 2.5) g) Provide advice, guidance, and support to the various Peer Review Leaders for the performance of the peer reviews h) Distribute Agency-wide peer review guidance and materials to appropriate office/region personnel, as requested ------- Peer Review Handbook Page 21 1.4.6 Who are the Peer Reviewers? Peer reviewers are individuals who have technical expertise in the subject matter of the work product undergoing peer review. Peer reviewers can come from EPA, another Federal agency, or from outside of the Federal government. 1.4.7 What are the Responsibilities of Peer Reviewers? Peer reviewers should maintain the confidentiality of the product, perform the review in a timely manner, and be unbiased and objective. Peer reviewers need to be willing participants in the peer review process — they should agree to read all materials, attend all sessions, and protect confidential information that arises. 1.4.8 What is an Independent Peer Reviewer? An independent peer reviewer is an expert who wasn't associated with the generation of the specific work product either directly by substantial contribution to its development or indirectly by significant consultation during the development of the specific product. The independent peer reviewer, thus, is expected to be objective. The quality of the peer review is dependent on the competence and independence of the reviewers. Independence is freedom from institutional, ideological, or technical bias regarding the issues under review and is necessary for objective, fair, and responsible evaluation of the work product. If a selected reviewer has a particular scientific or technical perspective, it may be desirable to balance the review with peer reviewers of other perspectives. Ideally, peer reviewers should be free of real or perceived conflicts-of-interest or there should be a balancing of interests among peer reviewers. If there are potential conflicts of interest (real or perceived), they should be fully identified to ensure a credible peer review. (See section 3.4 for further information). 1.4.9 When does an Agency Internal Peer Reviewer Qualify as Independent? An Agency independent peer reviewer is one who comes from a different organizational unit than the one where the review question or document originates. A different organizational unit usually denotes, at minimum, a different office (i.e., above a division level) within the organization. In particular, a reviewer shouldn't come from within the chain of command, either upward or downward. ------- Page 22 Peer Review Handbook 1.4.10 What is a Peer Review Panel? A peer review panel can range from a few individuals to ten or more, depending on the issue being investigated, the time available and any limitations on resources. Individuals who serve as peer reviewers must have appropriate scientific and technical expertise that covers the broad spectrum of expertise required to treat the issues/questions presented in the charge. 1.4.11 What is a Subject Matter Expert? A subject matter expert is one who has specific scientific and technical expertise in the matter under review. The importance of scientific and technical expertise in the subject matter is obvious, however, knowledge or just "knowing" about the subject area isn't equivalent to expertise in the subject matter. For Agency decisions, a multi-disciplinary group of experts corresponding to the disciplines that contribute to complex Agency decisions is often necessary for a full and complete peer review. For example, a risk assessment that relies on both animal and human data usually requires experts in both areas for a complete review. For economic analyses, experts from the corresponding economic disciplines are necessary. 1.4.12 What is the Role of the Science Policy Council (SPC)? According to the 1994 Peer Review Policy statement: "The Science Policy Council is responsible for overseeing Agency-wide implementation. Its responsibilities include promoting consistent interpretation, assessing Agency-wide progress, and developing recommendations for revisions of the policy as necessary." The SPC meets its responsibilities through coordination with the Peer Review Coordinators, the Peer Review Advisory Group (PRAG) and the Office of Research and Development (ORD). The SPC, PRAG and ORD are not responsible for identifying specific products for peer review or determining the level of review or mechanisim for that review; those functions are the responsibility of management within each Office or Region. 1.4.13 What is the Role of the Peer Review Advisory Group (PRAG)? The Science Policy Council has created the Peer Review Advisory Group (PRAG) to assist in the implementation of the Agency's Peer Review Policy. The primary role of the PRAG is to provide interpretation of the policy and to assist the SPC and Agency Offices and Regions in the annual update of the Peer Review Handbook. ------- Peer Review Handbook Page 23 1.4.14 What is the Role of the Office of Research and Development (ORD)? The Deputy Administrator has designated the Office of Research and Development (ORD) to assist the Program Offices and Regions in the collection and review of information that is contained in the annual submission of Lists A, B and C (for detailed information, see sections 1.3.1, 1.3.2 and 1.3.3). ------- Page 24 Peer Review Handbook THIS PAGE LEFT INTENTIONALLY BLANK ------- Peer Review Handbook Page 25 2. PLANNING A PEER REVIEW 2.1 Overview Statement Planning a peer review is a critical first step to ensure a successful peer review of a work product. The initial step is to determine whether your work product requires peer review. Once you have determined that a peer review will be conducted, the Decision-Makers and Peer Review Leaders need to plan an appropriate review. This includes identification of resources (budget and personnel), the schedule for the completion of the peer review, the mechanism for peer review, the choice of peer reviewers, and the development of the peer review record. 2.2 Determining Which Work Products to Peer Review 2.2.1 What are Scientific and Technical Work Products? The first step in determining which work products require peer review, is to identify products that are scientific and/or technical in nature. Scientific and technical work products are documents or positions that are used to support a research agenda, regulatory program, policy position or other Agency position or action. Categories include the following: risk assessments, technical studies and guidance, analytical methods, scientific database designs, technical models, technical protocols, statistical survey/studies, technical background materials, technical guidance, and research plans and strategies. Products that wouldn't be considered scientific and technical work products can include those: that address procedural matters (e.g., planning, reporting, coordination, notification); that are primarily policy statements (e.g., relocation policy); that are conference proceedings (unless the proceedings are used as the scientific basis for an Agency action or decision); and that are decision documents (e.g., Record of Decision (ROD) — the decision document itself is not subject to the Peer Review Policy, but the underlying scientific and/or technical support work product is a candidate for peer review). 2.2.2 What Scientific and Technical Work Products Need Peer Review? The principle underlying the Peer Review Policy is that all major scientific and technical work products used in decision making will be peer reviewed. The process for identifying which of these products is When in doubt about whether to peer review a work product or not, always decide to make it a candidate for peer review. ------- Page 26 Peer Review Handbook "major" (and thus a candidate for peer review) and then determining the mechanism of review will take into account various criteria and the circumstances surrounding the use of that work product. To maintain flexibility, the Decision-Maker(s) for peer review should consider the full field of possible work products that could benefit from peer review and the full spectrum of peer review mechanisms for each product. Once a decision is made to perform peer review, the product is listed in the annual submission of Candidate Products for Future Peer Review (List B - see section 1.3.2b)). 2.2.3 How Does One Determine Whether a Scientific and/or Technical Work Product is "Major"? Determinations of a scientific and/or technical work product as "Major" will largely be case-by-case. The continuum of work products covers the range from the obviously major, which clearly need peer review, to those products which are not major and clearly don't need peer review. The rest of the work products fall in-between those two distinctions. This "middle- ground" probably represents the majority of work products, each of which needs to be evaluated closely and be compared to certain criteria (see below). The Decision-Maker needs to make a judgment as to whether a work product meets the criteria for major or not. There is no easy single yes/no test of major covering the whole continuum of work products. A rule of thumb to remember — if there is any doubt about whether a work product needs peer review, then go ahead and consider it a candidate for peer review (and place it on List B - Candidate Products for Future Peer Review). Scientific and technical work products that are used to support a regulatory program or policy position and that meet one or more of the following criteria are candidates for peer review: a) Establishes a significant precedent, model, or methodology b) Addresses significant controversial issues c) Focuses on significant emerging issues d) Has significant cross-Agency/inter-agency implications e) Involves a significant investment of Agency resources f) Considers an innovative approach for a previously defined problem/process/methodology ------- Peer Review Handbook Page 27 g) Satisfies a statutory or other legal mandate for peer review Usually, a major scientific and/or technical work product supports a regulatory decision or policy/guidance of major impact. Major impact can mean that it will have applicability to a broad spectrum of regulated entities and other stakeholders, or that it will have narrower applicability, but with significant consequences on a smaller geographic or practical scale. The scientific and/or technical work that underlies many of the Agency's major rulemakings and policy and guidance documents of general applicability would be designated "major" under this scope of impact criterion because of their far-reaching or significant impacts. The novelty or controversy associated with the work product helps determine whether it is major or not. A major work product may be novel or innovative, precedential, controversial, or emerging ("cutting edge"). An application of an existing, adequately peer reviewed methodology or model to a situation that departs significantly from the situation it was originally designed to address is a candidate for peer review. Similarly, a modification of an existing, adequately peer reviewed methodology or model that departs significantly from its original approach is a candidate for peer review. Determination of "significant departure" as used in this section is the responsibility of the Decision-Maker. In summary, a major scientific or technical work product has a major impact, involves precedential, novel, and/or controversial issues, or the Agency has a legal and/or statutory obligation to conduct a peer review. 2.2.4 What Economic Work Products Need Peer Review? The following three types of major economic work products require peer review: a) internal Agency guidance for conducting economic analysis b) new economic methodologies or unique or novel applications of existing economic methodologies, particularly those that are pathbreaking c) broad-scale economic assessments of regulatory programs, such as the Congress!onally-mandated study of the costs and benefits of the Clean Air Act For all these types of economic work products, we will pursue an independent and expert external peer review, such as by the recently reconstituted Environmental Economics Advisory Committee (a subcommittee of the SAB), or other appropriate experts. The straight-forward application of accepted, previously peer-reviewed economic methods or analyses in regulatory ------- Page 28 Peer Review Handbook impact analyses supporting rulemakings or policy development, however, will typically not be subject to formal peer review. Of course, if the particular facts and circumstances of any piece of economic analysis warrant peer review beyond that described above, the Agency will accommodate those on a case-by-case basis. 2.2.5 How Should Peer Review be Handled for Products Developed under an Interagency Agreement? When funds are passed to another agency, it will likely be placed in a contract, cooperative agreement, or grant. In many instances, the receiving agency's guidance for peer review will not be the same as ours. (See sections 2.2.6, 2.2.8, 2.2.10 and 3.6 for further details). 2.2.6 Should Products from Grants, Contracts and Cooperative Agreements Receive Peer Review? If there is a scientific and/or technical work product resulting from a grant, contract, or cooperative agreement and it is considered major and will likely be used in Agency decision- making, the work product needs peer review. Since it would probably result in a perceived, if not real, conflict of interest, a group that is generating the work product usually cannot conduct or perform the peer review of its own work product. Exceptions may be made in certain instances for organizations that have adequate and well established recognized procedures for peer review, such as the National Academy of Sciences. In practice, the Agency may need to peer review the product on its own, or arrange with an independent third group (e.g., via another extramural vehicle) to arrange for the peer review. The Agency should not use the major scientific and technical work products from grants, contracts, or cooperative agreements to support decision making unless the work products are peer reviewed for both scientific and technical rigor and applicability to the specific use to be made of the product. 2.2.7 Should Site Specific Decisions be Subject to Peer Review? The site specific decision itself is not subject to peer review and doesn't need peer review based solely on the Peer Review Policy. However, if a site specific decision is supported by a major scientific and/or technical work product, that work product needs peer review. While the same considerations for major apply here, several of the criteria above (see section 2.2.3; specifically criteria b, c, d, and g) are considered more useful for regional consideration than other criteria. So generally speaking, a close examination of how the underlying major scientific and/or technical work product is adapted to the site specific circumstances is required. ------- Peer Review Handbook Page 29 2.2.8 Should NEPA Products (e.g., EISs) be Subject to Peer Review? Not everything requires peer review, and in the case of an Environmental Impact Statement (EIS) prepared under the requirements of the National Environmental Policy Act (NEPA), the document already has received extensive review through the "scoping" and interagency review processes that are part of NEPA. The rule of thumb is that if the underlying scientific and/or technical work product is major, then the work product needs peer review. In general, the Agency's role in the NEPA document would suggest what sort of review the document gets. If EPA is developing the document as part of an EPA action/decision (EPA is the Lead agency under NEPA), and it meets the definition of "major," then it needs independent peer review. If it is not a major work product (little impact, non-controversial, etc.), then peer input/continuing involvement might well be appropriate. On the other hand, if EPA is reviewing an EIS from another Agency (EPA is not the Lead agency under NEPA), it is likely that we are reviewing for conflicts with EPA policy and general environmental concerns. However, EPA must ask if the underlying major scientific and/or technical work product that supports the EIS has been peer reviewed. If not, this would raise concern about the full credibility and soundness of the EIS based on the science and technical support. EPA should work with the other organization/agency to ensure that the major scientific and/or technical work product receives adequate peer review. 2.2.9 Should Environmental Regulatory Models be Peer Reviewed? Generally, yes. Specific guidelines for the peer review of environmental regulatory models have been published by the Agency. These can be found on the EPA web site under the Science Policy Council home page (http://www.epa.gov/ORD/spc). 2.2.10 Is Peer Review Needed for Other Organization's Work Products that Have been Submitted to EPA for Use in Decision Making? Yes. Any scientific and/or technical work product that is used in Agency decision making and is considered major needs peer review regardless if the work product is produced by the Agency or another organization. It is hoped that the other organization outside the Agency has had the work product independently peer reviewed and the peer review meets the intent of the Agency's Peer Review Policy and EPA's proposed use of the product. Agency staff should examine closely the particulars of the peer review to ensure independence and a conscious effort to incorporate the peer reviewers' comments into the final work product. If there are perceived, ------- Page 30 Peer Review Handbook or real, conflicts of interest, this may preclude the use of that peer review and, in those instances, another peer review would be needed. See section 2.4 for further details on peer review mechanisms. 2.2.11 Can Work Products That are Not Determined to be Major Still be Peer Reviewed? Yes, they could be. Scientific and technical work products that do not come under the "major" distinction discussed above may nonetheless be candidates for peer review. For example, a project manager may decide to use peer review because of particular program needs and goals. Peer review may also be warranted because it adds substantial value to the work product. 2.3 Determining Which Work Products Do Not Receive Peer Review 2.3.1 Are There Circumstances When a Major Work Product is Not Peer Reviewed? There may be circumstances where a work product is considered major, but a decision for no peer review can then be justified. For example: a) Additional peer review is not required with work that has been previously reviewed by recognized experts or an expert body. For example, a cancer risk assessment methodology or an exposure modeling technique that was the subject of earlier peer review would not require additional peer review, even if the product supported a significant Agency decision. b) Additional peer review is not required if an application of an adequately peer reviewed work product does not depart significantly from its scientific or technical approach (see section 2.2.3). c) Additional peer review is not required when the scientific and/or technical methodologies or information being used are commonly accepted in the field of expertise (this would need the appropriate documentation to support the commonly held view). d) Most often, a major work product would not receive peer review when the regulatory activity or action which the work product supports is terminated or canceled — no further action, including peer review, is necessary. ------- Peer Review Handbook Page 31 e) In a few instances, statutory and court ordered deadlines and other time constraints may limit or preclude peer review of products that would otherwise be considered major. However, it is up to the Decision-Maker(s) to make every attempt possible to assure that peer review of major work products occurs taking into account these deadlines. f) Very rarely, resource limitations may also restrict peer review. Programs or Regions will evaluate these circumstances on a case by case basis; decisions will be based on consultations involving line management, the Project Manager, the Peer Review Leader, and the Peer Review Coordinator. If peer review of a major scientific and/or technical work product is not conducted, a written justification must be placed in the "comments" section of List C (Products for Which a Decision has Been Made Not to Peer Review). The justification is signed-off by the appropriate Decision-Maker (see section 1.3.2c)). 2.3.2 What Products Normally Do Not Need Peer Review? Products that are not major scientific and technical work products normally do not require peer review under the intent of the Peer Review Policy. Most of these scientific and technical work products are then placed on List C with a written comment of why it was determined to be not major (see section 1.3.2c)). This justification is signed-off by the appropriate Decision- Maker to assure that all scientific and technical work products received consideration for peer review. Some scientific and technical work products are not considered major and generally do not need to be placed on List C (Products for Which a Decision has Been Made Not to Peer Review). These types of work products typically include: derivative products (i.e., a product that only summarizes an already peer reviewed product or products), compendiums of existing models, methods and/or technologies; or preliminary or incidental analyses prepared separately from the work product ultimately used to support an Agency action or decision (e.g., during the course of developing a rule, managers may direct staff to prepare various "what if analyses; those that aren't used in the work product do not need to be listed). ------- Page 32 Peer Review Handbook 2.4 Choosing a Peer Review Mechanism 2.4.1 How Do You Determine the Appropriate Peer Review Mechanism? During the planning of a peer review, the Decision-Maker and the Peer Review Leader may consider several mechanisms for the peer review of major scientific and technical work products. These options range from consultations with EPA colleagues not involved in developing the product to a large and formal panel of outside subject matter experts. The peer review effort I might be a focused one-time evaluation, or could The ^hanism of the peer encompass several examinations over the course of a review ma c es e project. In principle, peer review provides the greatest importance and complexity of ,.,.,., c • , , , , .. • , ,, the major work product. credibility tor major work products when it involves well- _ qualified external reviewers, is intensive in its examination, and operates through a more or less formal process. As a practical matter, however, time and resource considerations in many cases impose limitations on what can be reasonably achieved. Arranging for the most appropriate and feasible peer review will involve good judgment and a willingness to consider substance, time, and resource tradeoffs. Developing a peer review plan that provides for appropriate depth, timing, and content is an important matter for early consideration by the Decision-Maker and Peer Review Leader. Note that use of peer input, public or stakeholder involvement does not qualify as peer review. The approach best suited to a specific work product will depend on the nature of the topic and the intended final product. Generally, the more novel or complex the science or technology, the greater the cost implications of the impending decision, and the more controversial the issue, then the stronger the indication for a more extensive and involved peer review and for external peer review in particular. Certain work products will clearly lend themselves to extensive external peer review; generally these will be products with large impacts (e.g., those that support Tier 1 and Tier 2 rulemakings). Other major work products may not need a large scale external peer review and may utilize a less involved, less resource intensive review. The peer review of some products may be better served with some form of internal peer review or a combination of internal and external peer review. The choice of peer review mechanism will depend upon the experience and assessment of the Decision-Maker(s) dealing with peer review issues. It is important to make this choice at the time that the work is planned (for products supporting rule makings, at the analytic blueprint stage) so that peer review costs and time can be budgeted into the work plan. Essentially, the level of peer review matches the impact and complexity of the major work product. For ------- Peer Review Handbook Page 33 example, a rule under development carries considerable weight and deserves careful handling and attention; therefore, the supporting work product deserves similar care and attention for its peer review. Both internal and external peer review mechanisms are available, have been used in the past, and have served to address the needs and challenges of a particular peer review situation. Nevertheless, no single peer review mechanism is likely to work best in all situations. Some useful rules-of-thumb include: a) Major work products intended to support the most important decisions, or that have special importance in their own right, ordinarily should be the subject of external peer review. Generally, the more complex, novel and/or controversial the product, the more the Decision-Maker should consider implementing a large-scale peer review involving external experts. b) Major work products that are less complex, novel, or controversial may not need such a large-scale and external peer review. These products might be subject to one of the less extensive, less resource-intensive review processes. c) Group discussion with peer reviewers can be very helpful at some point in the peer review process. On the other hand, simply soliciting individual comments is easier, faster, and less expensive. Individual review is probably more appropriate for peer review at the early stages of a product's development or for products with less impact and complexity. d) Strict time constraints, such as a court-ordered deadline, can make a less involved or formal peer review mechanism imperative. But Decision-Makers and Peer Review Leaders must make maximum efforts to assure that such a process is perceived as systematic and objective. 2.4.2 What are Examples of Internal Peer Review? a) Independent experts from within the Agency (e.g., ORD experts on non-cancer effects of lead reviews a draft article on benchmark dose) b) An ad hoc panel of independent experts from within the Agency (e.g., an independent internal workgroup convened to examine the case for the classification of a chemical as a carcinogen) c) Technical merit review by scientists in an Agency laboratory (e.g., an initial review of the risk assessment for a regional incinerator by Agency scientists) ------- Page 34 Peer Review Handbook 2.4.3 What are Examples of External Peer Review? a) Independent experts from outside the Agency (e.g., a letter review by outside scientists) b) An ad hoc panel of independent experts outside the Agency (e.g., a group is convened to develop a consensus on the carcinogenicity of a particular industrial chemical) c) Agency-sponsored peer review workshops (e.g., a review of potential indicators of ecosystem damage) d) Review by an established Federal advisory committee such as the Science Advisory Board (SAB), FIFRA Scientific Advisory Panel (SAP), ORD's Board of Scientific Counselors, or the Clean Air Scientific Advisory Committee (e.g., a review of a criteria document for a particular chemical risk) e) Agency-based federal advisory committee (other than those established and discussed in d above) f) Agency appointed special board or commission (e.g., a review of the risk assessment methodology prepared by the Clean Air Act Commission on Risk Assessment) Note: The Office of General Counsel should be consulted regarding EPA's authority to establish and finance the activities of a commission or board. g) Interagency committee (e.g., a review of prospective research plans by the Committee on the Environment and Natural Resources coordinated by the White House) h) A committee convened by another federal agency or government organization (e.g., a review of the Dioxin Reassessment by the FtHS Committee to Coordinate Environmentally Related Programs) i) Review by non-governmental groups (e.g., a Society of Risk Analysis review of cancer guidelines) j) Review by the National Academy of Sciences (e.g., a review of the state of current knowledge about children's health risks from pesticide exposures) ------- Peer Review Handbook Page 35 2.4.4 What is the Role of Peer Review by a Refereed Scientific Journal? Peer review performed under the auspices of a peer reviewed, refereed, published journal contributes to the scientific and technical credibility of the reviewed product. Peer review of an EPA produced scientific and technical article by a recognized refereed journal is a satisfactory form of peer review for the purposes of publication in that journal. Peer review by that journal is also considered adequate for reviewing the scientific credibility and validity of the findings (or data) in that article. Products so reviewed are included on List C (Products for Which a Decision has Been Made Not to Peer Review) (see section 1.3.2c)). No other action is needed under the Peer Review Policy unless the conditions outlined in section 2.4.5 apply. Prior to submitting an article to a journal for peer review, EPA employees are encouraged to have the article internally peer reviewed (see section 1.4.9); such internal peer review is already common procedure in certain parts of EPA. Articles may also need examination in accordance with any organizational clearance procedures, especially when the author is presenting him or herself as an EPA employee. For EPA employees, conflict of interest regulations will also apply. 2.4.5 Is Peer Review Necessary when Journal Articles are Used in an Agency Work Product? Peer review for publication in a journal is usually performed for specific reasons for that journal. The use of articles that have been peer reviewed by a credible journal strengthens the scientific and technical credibility of any work product in which the article appears, but does not eliminate the need to have the work product itself peer reviewed. For instance, journal peer review may not cover issues and concerns that the Agency would want peer reviewed to support an Agency action. Under these circumstances, the major scientific and/or technical work product in which the article appears becomes a candidate for peer review. A journal article authored by EPA employees would be used in the same manner as an article published by anyone else in a credible, well recognized journal. If an Agency work product is based solely on a single article that has received peer review by a credible journal (e.g., where a model is suggested for a singular use that fits a specific Agency need), journal peer review of the article is not a substitute for peer review of the Agency work product. Generally, when a major work product is supported by more than one journal article, that work product becomes a candidate for peer review. These decisions need to be documented in the peer review record. ------- Page 36 Peer Review Handbook One important factor to remember with regard to the use of articles that have received journal peer review deals with the availability of documentation from that peer review. Ideally, EPA needs to maintain a clear, easily accessible record of the peer review to assure the credibility and validity of the peer review (see section 2.5 for details on peer review record). Much of the information required for the Agency peer review record may not be readily accessible from a journal publisher or editorial board (e.g., names of the peer reviewers, the charge to them, and their specific comments). However, in most cases this documentation from the journal peer review is not needed to complete the Agency's peer review record for a given action — in extreme cases, such as where litigation is involved, such documentation may be needed. 2.4.6 When and How Often Should Peer Review Occur? The Decision-Maker and Peer Review Leader have significant discretion in deciding the timing and the frequency of peer review. Options abound, each with merits depending on the context and specified peer review objectives. A single peer review event, beginning when the final draft work product becomes available, is the approach usually taken in many situations. On the other hand, a peer review far earlier in a project cycle could be a superior approach in some circumstances. For example, early review might be beneficial at the stage of research design or data collection planning where the product involves extensive primary data collection. Or, there may be substantial incremental benefit to conducting several peer reviews along the way, particularly where a project involves complex tasks, has decision branching points, or could be expected to produce controversial findings. (See also section 3.4 on the selection of peer reviewers). 2.4.7 What Factors are Considered in Setting the Time Frame for Peer Review? Several factors impact how quickly a peer review may be needed. These include deadlines for completion of a project, research program, or rulemaking, funding availability, availability of quality peer reviewers, and statutory and/or court-ordered deadlines. Peer review sometimes leads to new information and analyses. Reviewers may make recommendations for new research that would alter the work product and thus modify the scientific/technical basis for the action or rule it supports. For this reason, a completed peer review is desirable before issuing any proposal for public comment. If that is not logistically possible because of court or statutory deadlines, or other appropriate reasons, the Decision-Maker should make every effort to complete the peer review before the close of the comment period. Because peer review comments on such work products could be of sufficient magnitude to ------- Peer Review Handbook Page 37 warrant a revision to the proposed action or rule, Decision-Makers should exercise diligence in completing the peer review prior to the proposal stage whenever possible. 2.4.8 Which Office/Region or Other Agency is Responsible for Conducting the Peer Review? The organization of the Decision-Maker is normally responsible for conducting the peer review. Responsibility for conducting a peer review can be negotiable when more than one Agency office or region or other agencies are involved. Usually, the degree of involvement by any of the organizations and agencies and their ability to fund peer review will often determine who has the lead for the peer review. 2.5 Creating the Peer Review Record 2.5.1 What is the Peer Review Record? It is the formal record (file) of decision on the conduct of the peer review, the type of peer review performed, and a summary of the outcome of that peer review. It includes sufficient documentation for an uninvolved person to understand what actually happened and why. The Peer Review Leader (with the program manager if there is one) creates a separate, clearly marked peer review file section within the overall file for development of the work. Once the peer review is completed, it is the responsibility of the Peer Review Leader to ensure that the peer review record is filed and maintained in accordance with the organization's procedures. 2.5.2 How Can the Peer Review Record Improve the Peer Review Process? A good peer review record allows future reference to what happened during the peer review, and helps Decision-Makers make appropriate use of peer reviewer input. In addition, a good record helps ensure that EPA's Peer Review Policy is followed. The Peer Review Leader is responsible for ensuring that the peer review record for individual work products is collected and maintained until completion of the peer review effort. 2.5.3 What Should Be in the Peer Review Record? The peer review record should include all materials considered by the individual peer reviewers of the peer review panel, as well as their written comments and other input. Such materials include, at a minimum (see also section 4.3.1): a) The draft work product submitted for peer review ------- Page 38 Peer Review Handbook b) Materials and information (including the charge) given to the peer reviewers c) Written comments, information, and materials received from the peer reviewers d) Information about the peer reviewers (such as reviewers' names, affiliations, and identified potential conflicts and their resolution) e) Logistical information about conduct of the peer review (such as times and locations of meetings) f) A memorandum or other written record responding to the peer review comments specifying acceptance or, where thought appropriate, rebuttal and non-acceptance g) The final work product h) Peer review summary report (see sections 1.3.1 and 1.3.2) When deciding if particular materials should be included in the record, the Peer Review Leader should consider whether the materials would help reconstruct the peer review process and results at a later time. If the materials may be helpful, they should be part of the peer review record. In addition to hard copies of materials, Peer Review Leaders need to maintain electronic copies of the materials (e.g., charge) that are necessary for the annual reports compiled by the Peer Review Coordinators. Peer Review Leaders should discuss what are those materials and requirements for the annual report with their coordinators. 2.5.4 What Should I Do with a Peer Review Record That Pertains to a Rulemaking Action? The Peer Review Leader should coordinate with their program's docket office to see that proper docketing requirements are satisfied for a peer review of a work product supporting a new rule. The Peer Review Leader is also responsible for notifying the workgroup chair as well as the Peer Review Coordinator (for the annual report) that a peer review is completed. 2.5.5 When Should the Peer Review Record Building Process Begin? An early start at developing and maintaining a peer review record will help ensure the record is complete and helpful. Ideally, the record begins when the decision to peer review a ------- Peer Review Handbook Page 39 work product is made (and includes the written decision). The Peer Review Leader needs to construct the peer review record from this point on — this will avoid potentially time-consuming reconstruction at a later point. Note that the peer review record is not complete until it contains a copy of the final work product which addresses the peer review comments. 2.5.6 What are the Differences in Record Keeping for a Review by an Individual Compared to a Panel? Strictly speaking, a true peer review requires more than a single reviewer. A review conducted by one individual will rarely provide the depth of commentary required to improve the work product. In addition, you will not receive the range of views and richness necessary to ensure improvement. In the case of a review panel, there will often be conflicting comments that must be resolved. This resolution should be in the record. 2.5.7 Where Should the Peer Review Record be Kept and For How Long? During the active conduct of the peer review, the Peer Review Leaders maintain the peer review record with themselves until the peer review is totally completed. Minimally, the file should be maintained until one year after the completed peer review is reported in the next annual reporting. After that, the peer review record should be maintained for a "reasonable period of time." Establishment and maintenance of the archive where the peer review records ultimately reside are an organization's responsibility (i.e., not that of an individual program manager or Peer Review Leader). Generally, to allow flexibility, individual offices and regions will decide the appropriate level of organizational responsibility and how they will meet any "routinely available" requirements. The peer review record may be kept with other records relating to the overall project, as long as it is easily and separately identifiable. There are also specific requirements regarding the use of dockets for record-keeping; however, these are not covered in this Peer Review Handbook. The documents contained in the peer review record should be maintained in accordance with the Agency's record keeping retention schedule for such records. One long-term archiving mechanism may be the formal archiving at the Federal Records Center in Suitland, MD. ------- Page 40 Peer Review Handbook 2.6 Budget Planning 2.6.1 What Budgetary Factors Should I Consider in a Peer Review? Resources needed to implement the Peer Review Policy need to be requested through the usual Agency budgetary processes. The budget formulation process within the Executive Branch is followed, after appropriation bills are passed by Congress, by budget execution. These two processes „ . . f., °. J . . „ ^ . . . Peer review is part of the provide opportunities to secure resources tor activities , , /, . ^ ^ normal cost oj doing business. carried out by Headquarters and Regional offices, including peer review. The major work products for which decisions for peer review have been made (List B candidates) need to have adequate funding for peer review in budget requests for the coming fiscal year. Similarly, adequate funding needs to appear in the actual approved operating budget to ensure their conduct. For purposes of budget planning, the costs of peer review would include the FTE cost of staff, the contract or other costs associated with the use of outside peer reviewers, and the administrative costs of conducting a review (copying, travel expenses, etc). 2.6.2 What Input is Needed for the Annual Budget Formulation and Budget Execution Process? Senior Management in Office and Regions (including Decision-Makers and budget officers) need to be sure that budget requests include anticipated resources for peer review. Peer review needs to be considered as a normal part of doing business. Peer review resource considerations should also be addressed in the analytic blueprint for Agency rule-making actions. 2.7 Legal Considerations 2.7.1 Are There Legal Ramifications From the Peer Review Policy? The Peer Review Policy does not establish or affect legal rights or obligations. Rather, it confirms the importance of peer review where appropriate, outlines relevant principles, and identifies factors Agency staff should consider in implementing the policy. Except where provided otherwise by law, peer review is not a formal part of or substitute for notice and comment rulemaking or adjudicative procedures. EPA's decision to conduct peer review in any particular case is wholly within the Agency's discretion. Similarly, nothing in the Policy creates a legal requirement that EPA respond to peer reviewers. However, to the extent that EPA ------- Peer Review Handbook Page 41 decisions rely on scientific and technical work products that have been subjected to peer review, the remarks of peer reviewers should be included in the record for that decision. 2.7.2 Is Legal Advice Needed? AA/RA staff and management should work regularly with individual OGC/Regional Counsel (RC) staff assigned to Agency activities. Peer Review Leaders should initially consult with their customary OGC/RC advisors for legal advice or referral. Headquarters attorneys have specialties in specific areas and can be consulted as needed (e.g., FACA considerations (see below); contractual responsibilities; ethics and potential conflicts of interest). 2.7.3 Is Peer Review Subject to the Federal Advisory Committee Act (FACA)? It depends on how the peer review is carried out. The Federal Advisory Committee Act, 5 U.S.C. App. 2, imposes certain open meeting, balanced membership, and chartering requirements (with OMB and GSA approval) before the Agency "establishes or utilizes" an "advisory committee" for advice or recommendations. Peer review carried out by formal and established (chartered) Federal advisory committees (such as the Science Advisory Board or the FIFRA Science Advisory Panel) is always subject to FACA requirements. However, not all peer review is carried out by established Federal advisory committees. For example, if EPA conducts a peer review meeting for the purpose of obtaining advice from the individual attendees and not for the purpose of obtaining a peer review product from the group as a whole (consensus), the meeting would not be subject to FACA. Committees established by an outside organization (such as by a Federal contractor) to provide the outside party with advice and recommendations are probably exempt from FACA. You should be aware, however, that the outside party's committee could be subject to FACA if EPA manages or controls the committee (e.g., EPA selects the members of the panel, runs the meeting, etc.). Also remember, a contractor cannot arrange to have peer review performed on a work product the contractor itself prepared. EPA officials conducting peer review may wish to mitigate the potential for a FACA challenge by seeking balanced participation at peer review meetings and allowing interested members of the public to attend Questions concerning the applicability of FACA to peer review meetings should be addressed to the FACA experts in the Cross-Cutting Issues Division of OGC (Mail Code 2322 at Headquarters). ------- Page 42 Peer Review Handbook THIS PAGE LEFT INTENTIONALLY BLANK ------- Peer Review Handbook Page 43 3. CONDUCTING A PEER REVIEW 3.1 Overview Statement The success and usefulness of any peer review depends on the quality of the draft work product submitted for peer review, the care given to the statement of the issues or "charge," the match between the peer review draft product and the form of peer review, the match between the peer review draft product and the scientific/technical expertise of the reviewers, and Agency use of peer review comments in the final product. It is not simply enough to conduct a peer review; each of the foregoing elements requires serious attention. 3.2 Charge to the Peer Reviewers 3.2.1 What is a Charge? As part of each peer review, the Peer Review Leader must formulate a clear, focused charge that identifies recognized issues and invites comments or assistance. This request signals the Agency's awareness of potential issues and its receptivity to expert recommendations. The charge to peer reviewers usually makes two general requests. First, it focuses the review by presenting specific questions and concerns that the Agency expects the reviewers to address. Secondly, it invites general comments on the entire work product. The specific and general comments should focus mostly on the scientific and technical merits of the work product and, where germane, whether the scientific/technical studies have been applied in a sound manner. Remember, the peer review is not for the decision or action itself, but for the underlying scientific and/or technical work product. Focused questions greatly simplify the task of collating, analyzing and synthesizing peer review comments on a topical basis. The questions should be specific enough to get helpful comments, but not so specific (unless very specific points are needed to be addressed) that they preclude creative responses. Moreover, the written responses to these questions by peer reviewers help the Agency create a peer review record. As a general rule, the time drafting a good charge letter is well-spent and is necessary for an effective peer review. The time spent preparing a good charge is well spent, and is crucial for an effective peer review. ------- Page 44 Peer Review Handbook 3.2.2 What are the Essential Elements of a Charge? a) Brief overview or introduction (describe what the work product is, how it was developed, how it will be used), b) As needed, a brief description or listing of any background materials provided to the peer reviewers, and c) The issues or questions to be addressed by the peer reviewer(s). In addition, the following should also be included as important administrative components of a charge: a) the due date of reviewer comments and format of reviewer responses, and b) the point of contact in case peer reviewers have questions. 3.2.3 Where Can I Get an Example of a Charge? Appendix B contains examples of successful charges that cover a variety of issues. These include: WTI Risk Assessment, Region 10 review of the Eastern Columbia Plateau sole source aquifer, letter reviews for IRIS (Integrated Risk Information System) entries, and several examples of charges for SAB reviews. Appendix C provides guidance for obtaining Science Advisory Board (SAB) services. 3.3 Time Line 3.3.1 What are the Factors in Scheduling a Peer Review? The peer review schedule is a critical feature of the process. The schedule must take into account the availability of a quality draft work product, availability of appropriate experts, time available for using peer review comments, deadlines for the final work product, and logistical aspects of the peer review (e.g., contracting procedures). The schedule for peer review should take into account the overall rulemaking (or other decision making) schedule. For rules, in particular those in Tier 1 and Tier 2, the scheduling of the peer review should be included in the development of the analytic blueprint. Peer review sometimes leads to new information and analyses, or recommendations for new research that would alter the work product and thus modify the scientific/technical basis for the action. For this reason, it is usually advisable to complete the peer review before taking public comment, or at least before the close of the public comment period. ------- Peer Review Handbook Page 45 3.4 Selection of Peer Reviewers 3.4.1 What are Considerations for Selecting Peer Reviewers? Selection of independent peer reviewers is not a trivial task, and it is crucial to an effective peer review. It is important that peer reviewers be selected for independence and scientific/technical expertise. However, the very need to have experienced individuals on a peer review, along with the desire to have appropriate technical balance and representation, can mean that the selection of potential peer reviewers often comes from those who are considered as having a potential bias. To reduce the concern that a potential panel may have unnecessary bias, it may be useful to obtain an informal review of the expertise and balance of potential peer reviewers from others in your organization, from OGC or even from outside groups. Sometimes selecting individuals who have served in a variety of organizations rather than a single one for an extended period, provides expertise with diverse perspective. The emphasis on independence and expertise applies equally to government experts and experts from the larger scientific community. Some peer reviews can be conducted with two or three reviewers; others involve panels of peer reviewers. In either case, each peer reviewer should have recognized technical expertise that bears on the subject matter under discussion. In instances where there is more than one peer reviewer, the peer reviewers of a work product should represent a balanced range of technically legitimate points of view. In addition, cultural diversity and "address" (e.g., industrial, academic, or environmental community) are other factors that can play a role in selecting peer reviewers. 3.4.2 Where Do I Find Peer Reviewers? Recommendations for potential peer reviewers can be identified from a number of organizations. These include external groups such as the affected party(ies), special interest groups, public interest groups, environmental groups, professional societies, trade or business associations, state organizations or agencies, Native American Tribes, colleges and universities, the National Research Council, and other Federal agencies with an involvement in or familiarity with the issue. Agency associated groups include the staff of the Science Advisory Board (SAB) or the Scientific Advisory Panel (SAP), and relevant scientific and technical experts from Program or Regional offices. In certain circumstances, existing peer review organizations such as the SAB or SAP may be used to conduct a peer review. These groups establish their own criteria for accepting work and coordination must be made directly with them (see Appendix C for SAB procedures). Both SAB and SAP conduct formal, public, external peer reviews. ------- Page 46 Peer Review Handbook Occasionally, a member of the scientific community will offer his/her services for peer review during an ongoing peer review. These offers may be at no cost or based on an expectation that reimbursement will be made. Disposition of these unsolicited offers will be handled on a case by case basis by the Peer Review Leader, and as necessary, in consultation with the Peer Review Coordinator, the Office of General Counsel (OGC), and appropriate Decision-Makers. If you use a contract mechanism to conduct a peer review, the contractor may have its own pool of scientific and technical experts for peer review. With contractors, EPA can provide information on potential sources of peer reviewers for conducting a peer review if such a listing were prepared in alphabetical order, and contained an Agency disclaimer that EPA doesn't recommend any particular individual or firm on the list. Furthermore, when utilizing a contract mechanism to conduct peer review, EPA is not permitted to direct the prime contractor to a specific sub-contractor or peer reviewer nor is EPA permitted to directly interact with the peer reviewer (sub-contractor). All interaction must be with the prime contractor's designated representative and not the contractor's staff. 3.4.3 Are External or Internal Peer Reviewers Preferred? External peer reviewers are generally preferred, particularly for most final work products. For some work products, like those reviewed at interim steps, either external or internal peer review may be appropriate. Selection of internal peer reviewers should be based upon technical expertise, available time and "address" — that is, they should not come from the immediate office or group producing the product or have any other connection with the product or document being peer reviewed. External peer reviewers should be selected based upon technical expertise as well, however, care must be taken not to use individuals who have been involved in the development of the work product. (See also sections 1.4.6 to 1.4.9). 3.4.4 What is Important in the Mix of a Peer Review Panel? A peer review panel or group can number from just a few individuals to ten or more, depending on the issue, the time and resources available, and the broad spectrum of expertise required to treat the range of issues/questions in the charge. Naturally, experts whose understanding of the specific technical area(s) being evaluated are critical; nevertheless, it is also important to include a broad enough spectrum of other related experts to completely evaluate the relevant impacts on other less obvious concerns (i.e., to comment not only if the job is being done right, but also whether the right job is being done). For example, for health related peer reviews, experts in such fields as ecology and economics may provide very useful insights. Although persons who are familiar and have a substantial reputation in the field are often called ------- Peer Review Handbook Page 47 upon repeatedly to be reviewers, it is important to keep a balance with new people who bring fresh perspectives to the review of a work product. There is usually a continuum of views on any issue. To the extent possible or practicable, selected experts should have technically legitimate points of views that fall to either side of the central position along the continuum, but not too far to either extreme. This will help maintain a balanced viewpoint, while allowing all views to be expressed and discussed. A balanced panel will allow consensus building (if consensus is the object of a particular peer review; if not, it allows a spectrum of reviews for the Agency to evaluate). As a general rule, experts who have made public pronouncements on an issue (e.g., those who have clearly "taken sides") may have difficulty in reaching consensus positions and should be avoided. 3.4.5 What is a Conflict of Interest? Conflict of interest is a situation in which a person is unable or potentially unable to render impartial assistance or advice to the Agency, or the person's objectivity in performing the work is or might be otherwise impaired, or a person has an unfair competitive advantage. Generally, a conflict of interest or a perceived conflict of interest arises when the person is affected by his/her private interests, or when he/she or his/her associates would derive benefit from incorporation of their point of view in an Agency product. Whenever there are questions about conflicts of interest, you should contact the appropriate official in OGC for clarification. 3.4.6 What Techniques Help Ensure Disclosure and Appropriate Resolution of Conflicts of Interest? Before finalizing the selection of reviewers, the Peer Review Leader should ask potential reviewers if they have any real or perceived conflicts of interest. One way of identifying conflicts is to ask potential reviewers about current and prior work, and prior clients that might create conflicts or the appearance thereof. This information becomes part of the peer review record. Care must be taken to reduce the possibility for real or apparent conflicts of interest between the reviewers and the work product under review. Various tools are available to identify and limit conflicts of interest (e.g., attention to the employment, financial, and professional affiliations of the participants; filing Confidential Financial Disclosure Forms (SF-450) in the case of members of Federal Advisory Committees; exploring directly the issue with each of the participants before the review process takes place; and disclosing publicly at the beginning of meetings any previous involvement with the issue). Established peer review groups such as the Science Advisory Board provide useful models for addressing balance and conflict-of-interest ------- Page 48 Peer Review Handbook issues. Assistance in determining legal conflicts of interest and in providing an appropriate response can be obtained through the Office of the General Counsel. In addition, additional advice can be obtained from the Designated Agency Ethics Officials (DAEO). Of course, conflicts do not necessarily arise merely because a peer reviewer knows something about the subject matter. In fact, experts with a stake in the outcome — and therefore a potential conflict — may be some of the most knowledgeable and up-to-date experts because they have concrete reasons to maintain their expertise. Such experts could be used provided the potential conflicts of interest are disclosed and the peer review panel or group being used as a whole is balanced. In some cases, however, the conflict may be so direct and substantial as to rule out a particular expert, for instance, a potential peer reviewer who may have a client or employer with a direct financial stake in the matter under review (e.g., a manufacturer of a chemical under review). However, review of a general methodology that applies to numerous chemicals would not necessarily raise such a concern. (Note: language that reflects these concerns should be made part of contracts/statements of work (SOW) or purchase orders (PO) — see section 3.6 and Appendix D). A Peer Review Leader may want to adopt measures that will prevent creation of conflicts as the peer review is underway. Such measures might include clauses in a contract or purchase order that requires reviewers to receive advance approval on future work, or places limits on such work, while they are performing the current peer review. The intent behind such measures is to avoid having the peer reviewer gain an unfair future advantage as a result of their participation on a peer review process. Note that at some level these types of measures will discourage experts from serving as peer reviewers. (See section 3.6.5 for further information dealing with contracts and suggestions for appropriate management controls). 3.4.7 Can Parties External to EPA Pay for Their Own Peer Reviews? There may be instances where parties external to EPA will want to conduct and/or pay for a peer review on a particular work product (presumably their own work product or one they are closely interested in, or they wouldn't be interested in expending resources). This may look benign at first blush, but is a very complex and sensitive situation that can raise significant concerns for perceived and/or actual conflicts of interest for interested parties "paying" for a peer review of their own work product. While the Agency cannot prevent external parties from conducting and paying for a peer review, it is desireable that any such peer review meets the intent of the Agency's Peer Review Policy and adheres to the principles and guidance in this Handbook. If the external party submits their work product and accompanying peer review, the materials will be treated by the Agency as anything else submitted for the Agency's evaluation. ------- Peer Review Handbook Page 49 We will evaluate the work product and the peer review for scientific credibility and validity before making any decisions based on the materials. 3.4.8 Are There Constraints to Selecting Peer Reviewers? Sometimes the need for a peer review is accelerated due to a court-ordered deadline or other time-sensitive requirements. In such cases, it is difficult, if not impossible to obtain external peer reviewers in time to conduct a full external peer review. It may even be impossible to conduct a small scale internal peer review using just a few individuals. Mechanisms for identifying and using a small number of peer reviewers should be developed so that quick, effective peer review can be included for even the most rapidly moving products. Another possible constraint involves confidential business information (CBI). To evaluate certain Agency-generated studies properly, some peer reviewers may need access to CBI. However, unless the reviewers are Federal employees with CBI clearance, the Agency doesn't have the independent authority to disclose CBI to them. Therefore, whenever contemplating the use of outside peer reviewers, Agency staff should determine whether the reviewers will need access to CBI. If they don't have CBI clearance, the Office of the General Counsel should be consulted on whether it is practical to obtain the consent of CBI submitters to disclose the information to peer reviewers. Offices need to be aware of the requirements of the Federal Advisory Committee Act (FACA) when establishing peer review mechanisms (see section 2.7.3). Federal advisory committees that are subject to chartering by the General Services Administration must hold meetings that are open to the public, and have balanced membership requirements. The Office of the General Counsel should be consulted regarding the applicability of FACA to peer review panels. 3.5 Materials for Peer Reviewers 3.5.1 What Instructions Do You Give Peer Reviewers? The Peer Review Leader is responsible for ensuring that peer reviewers understand and comply with these responsibilities (see section 3.6 if a contract is involved): a) Advise the Agency of any real or perceived conflicts-of-interest b) Provide written comments in specified format by the specified deadline that are responsive to the charge ------- Page 50 Peer Review Handbook c) Comply with the request for not disclosing draft work products to the public 3.5.2 What Materials Should be Sent to Peer Reviewers? For a peer review to be successful, peer reviewers should receive several documents at the beginning of the process. Typically, the most important among these documents are the charge letter and the current work product. The charge letter describes what the peer reviewers are being asked to do, and should serve to focus and structure the review. The work product is, of course, the material being subject to peer review. Remember, no documents should be provided directly to a potential peer reviewer when that reviewer is going to be working under a contract or purchase order. In the case of a contract, the Agency provides the work product with associated background material to be peer reviewed to the prime contractor who in turn distributes these documents to the peer reviewers. In the case of a purchase order, the "charge or statement of work" must be part of the PO (purchase order) and the provision of any documents needs to be coordinated with the contracting officer handling the order. a) Essential documentation for each peer reviewer includes: 1) A current copy of the work product to be peer reviewed with associated background material. The work product needs to be of the best possible scientific/technical quality to ensure an adequate and useful peer review. 2) A clear charge or statement of work seeking informed comment on identified issues to properly focus the efforts of the peer reviewers and ensure that their individual efforts can be compared or contrasted. 3) Some information concerning the process that you use for the peer review, including the due date of reviewer comments, the format of those responses, and a point of contact in case the peer reviewer has questions. Responses should be written and submitted to the Peer Review Leader by an agreed upon deadline. In certain rare cases, oral commentary may be sufficient. However, in such cases, a follow-up written response for the record is required. 4) In some cases, Agency materials being peer reviewed will be available to the public, even if they are marked as drafts. For example, all materials reviewed by the SAB are available. Agency managers may also decide ------- Peer Review Handbook Page 51 that a broad accessibility has benefits for the Agency. In other cases, confidentiality needs to be maintained. In these cases, each peer reviewer must be informed of the need for confidentiality with regard to the release of Agency products that are stamped as "DRAFT" or "DRAFT - Do Not Cite, Quote, or Release." Premature release of draft Agency products, views, or positions is inappropriate and can be damaging to the credibility of the Agency or the peer reviewer. While not necessarily having legal consequences, such language will be included in the charge to the peer reviewers. Other mechanisms to use in discouraging premature release include a disclaimer that appears in a separate section at the front of the document and creating the document with watermarks clearly delineating DRAFT status (or a header or footer that states DRAFT status) on every page. In addition, in any solicitation for peer reviewers, the necessity for confidentiality and the non-release of materials shall be emphasized. b) Useful, but not critical materials that may be sent to peer reviewers include: 1) The name, address, and phone and fax numbers, and/or Internet address of each peer reviewer working on the specific review 2) A bibliography and/or any particularly relevant scientific articles from the literature 3) A work product that has line numbering added in the margin for ease in providing and referencing comments c) Peer Reviewers should be given what is needed to complete their task — they should not be overburdened with excess material. 3.5.3 How Closely can EPA Interact with Peer Reviewers During the Review? The Peer Review Leader normally has administrative contacts with the reviewers during the development and conduct of the peer review. In some cases (e.g., SAB peer review), peer reviewers may also receive a briefing on the product to be peer reviewed. Otherwise, the Peer Review Leader and other EPA staff should not contact the reviewers during the course of the review. Such contact can lead to perceived conflicts or inappropriate direction that could compromise the independence of the review. ------- Page 52 Peer Review Handbook If peer review is conducted under a contract mechanism, EPA must limit direct contact to the prime contractor's designated representative and not have general contact and direction to the contractor's staffer peer reviewers (sub-contractors). Note, when a peer review is conducted under a contract, there are constraints where EPA staff are prohibited from contacting peer reviewers to avoid personal services arrangements. Personal services contracts exist when the nature of the relationship between the contractor and the EPA can be characterized as an employer - employee relationship. Any communications with peer reviewers must be only from the Peer Review Leader or contracting officer. 3.6 Peer Review Services A range of peer review services are available to the Agency including internal, external (gratuitous services, contracts, purchase order), and Special Government Employee (SGE) mechanisms. The mechanism selected is generally based on the nature of the scientific or technical work product. 3.6.1 What are Gratuitous Services for Peer Review? The provision of peer review products or services to EPA without compensation are provided as so-called "gratuitous" services. If a person or organization wishes to perform peer review services for EPA without compensation, the program must ask them to sign an agreement whereby the person or organization agrees to provide the prescribed peer review services as gratuitous services, with no expectation of receiving compensation for these services from EPA. An agreement must be executed because the Antideficiency Act (31 U.S.C. §1342) prohibits the Agency's acceptance of "voluntary" services. "Voluntary" services are provided to EPA without an agreement in advance that such services are provided at no cost to EPA. Note that persons cannot waive compensation (i.e., agree to provide gratuitous services) for which there is a statutory right to payment, unless a law permits the waiver. 3.6.2 Can I Use a Contract to Obtain Peer Review Services? The Agency may contract for peer review services. The contract may be written solely for peer reviews or be included as one of several specifically described interrelated tasks in a contract that requires the contractor to provide more than just peer review services. For assistance in preparing the necessary pre-award documents, program officials should consult The Cookbook: How to Get Contracts Awarded in EPA and Chapter 2 of the Contracts Management Manual (CMM). The Cookbook and Chapter 2 are available on EPA's Intranet ------- Peer Review Handbook Page 53 (http://www.intranet.epa.gov/oamintra) and on the Agency LAN Services (Administration/ Management/OAM Procurement Policy Information). 3.6.3 How Do I Write a Statement of Work for Contracts? The statement of work (SOW) must clearly specify that the contractor is responsible for preparing peer review evaluations and set forth guidelines for the peer review of scientific or technical documents. The contractor may perform the peer review with in-house staff, subcontractors or consultants. Any guidelines for performing peer reviews to ensure soundness and defensibility must be developed by the program office and made part of the contract. The contractor would then ensure that the peer reviews adhered to the guidelines. The SOW cannot simply define the role of the prime contractor as arranging for the services of others to perform peer reviews and logistics for meetings. Unless the prime contractor is clearly tasked with responsibility for performing peer reviews, individual peer reviewers' fees and associated travel expenses are not payable under the contract. The EPA may pay for the reviewer's comments or evaluation, and also for attendance at a meeting with the Agency and other reviewers to discuss the results of the peer review. If the SOW calls for the preparation of comments or an evaluation, and specifies a meeting with the Agency and other peer reviewers to discuss the results of the peer review, payment is appropriate. The peer reviewer's attendance at the meeting would then be part of contract performance. Example statements of work are found in Appendix D. 3.6.4 What are Advisory and Assistance Services (AAS) or Sensitive Activities? Contracts that provide services that support or improve Agency decision-making or policy development are subject to special management controls. These services include services acquired from non-Governmental sources by contract to support or improve Agency policy development, decision-making, management, and administration, or research and development activities. See Federal Acquisition Regulation (FAR) 37.201 for a more specific definition of AAS. Such services may take the form of information, advice, opinions, alternatives, conclusions, recommendations, training, and direct assistance. For additional information on advisory and assistance services and sensitive activities, program officials should review Chapter 2oftheCMM. New contracts for these services require management approvals prior to issuance of the solicitation. For the thresholds that have been established for approval of these justifications, see ------- Page 54 Peer Review Handbook Figure 5, Item B Management Approvals set forth after Chapter 2 of the CMM (for current approval levels). 3.6.5 What are Some Management Controls for Contracts? Contracting for peer review services is permitted. However, because of the potential for improper use of these contracts, special management controls are required. a) Inherently Governmental Functions (IGFs) -- OFPP Policy Letter 92-1, dated September 23, 1992, describes (1) functions that are inherently governmental and must be performed only by Government employees and (2) functions that may be contracted, but so closely support Government employees in their performance of IGFs that the contract terms and performance require close scrutiny by Federal officials. Federal Acquisition Regulation (FAR) coverage of inherently governmental functions is at FAR Subpart 7.5. Peer reviews represent only a contractor's recommendations, advice or analysis of a document. Agency officials must make the official Agency decision regarding acceptability and/or quality of the document. To ensure that Agency officials are not improperly influenced by recommendations in the peer review, management controls must be included in the contract. One possible control would be to require the peer reviewers to submit with their evaluations or comments a description of the procedures used to arrive at their recommendations; a summary of their findings; a list of sources relied upon; and make clear and substantiate the methods and considerations upon which their recommendations are based. To the extent possible, the contract should set forth any guidelines or criteria for performance of the peer review. Agency officials should document their evaluations of the quality and validity of the peer review. b) Conflict of Interest (COI) — Another important factor is that the objectivity of the peer review should not be improperly influenced or undermined by the contractor performing the review. To identify and avoid or mitigate actual or potential COI, the contract should include controls. Such controls might require the contractor to report on prior and current work, and prior clients that might create COI. Other controls might include Agency review and placing limits or advance approval on future work. There should also be procedures implemented to assure that the contractor does not gain an unfair advantage in future requirements as a result of their performance of peer reviews. Program officials should consult the Contracting Officer (CO) for special contract clauses. ------- Peer Review Handbook Page 55 FAR coverage of conflicts of interest is at FAR Subpart 9.5. The EPA Acquisition Regulations (EPAAR) at 48 CFR Subpart 1509.5 generally mandates conflicts of interest solicitation provisions and contract clauses, but makes them optional for procurements accomplished through the use of simplified acquisition procedures as set forth in FAR Part 13. Also see 48 CFR 1509.507-l(b)(3) and 48 CFR 1552.209-70, -71 & -72 as additional resources. Contract for peer review services: An EPA contracting officer will include conflicts of interest solicitation provisions and contract clauses as a matter of course without involvement by the EPA project officer, if the peer review services are not obtained pursuant to the simplified acquisition procedures in FAR Part 13. If the peer review services are subcontracted pursuant to a prime contract, then the prime contractor is ordinarily required to include a conflicts of interest clause substantially similar to the conflicts of interest clause in the primary contract in its subcontract to the peer reviewer. Although the EPA contracting officer and/or prime contractor has the primary responsibility to include the required conflicts of interest provisions/clauses, the EPA project officer may nevertheless wish to: 1) Highlight the conflict of interest requirements in the Scope of Work for the procurement of the peer review services 2) Develop a specific conflict of interest clause regarding the peer review at issue as a substitute or in addition to the standard conflicts of interest clause 3) Review the solicitation/contract to make sure that the required conflicts of interest clause has been included Simplified acquisitions of peer review services: Although conflict of interests requirements are optional for simplified acquisitions, they are nevertheless a good idea. Accordingly, an EPA project officer obtaining peer review services with simplified acquisition procedures should request the purchasing agent/contracting officer to include a conflict of interest solicitation provision and contract clause in the purchase order. ------- Page 56 Peer Review Handbook c) Confidential Business Information (CBI)/Privacy Act Protected Information and Other Sensitive Information — When peer reviewers are not employees of the United States Government, it is unlikely that the EPA will have authority to give reviewers access to confidential business information in the absence of consent for such disclosure by the CBI submitter. Therefore, all documents provided to non-Federal reviewers must be screened for information claimed as CBI. Even where business information has not been explicitly claimed as CBI, if it is of a kind where the submitter might be expected to object to its release, prior to release the submitter must be asked whether it wishes to assert a claim, unless the submitter has previously been informed that failure to assert a CBI claim may result in disclosure without notice. Language is included in the contract to clearly identify any required procedures or processes prior to release of any protected information, including any requirements for confidentiality agreements, as well as limits on use and disclosure of the data by contractor personnel. d) Personal services — Under contracts, the EPA may not engage the peer reviewers in any improper personal services relationships, i.e., an arrangement under which contractor personnel are subject to relatively continuous supervision and direct control by an Agency official or employee. These relationships are characterized as one where the contractor employee interacts with the Agency in a manner similar to that of a Federal employee. To avoid these improper relationships, program officials should write well- defined SOWs. The SOWs should set forth the requirements in detail for work to be performed independently, including the manner in which it will be evaluated. The SOW must set forth what work is to be performed not how the work is to be performed. Technical direction may be used to clarify ambiguous technical requirements to ensure efficient and effective contractor performance, and is not considered supervision or assignment of tasks. For additional information, program officials should consult EPA Order 1901.1 A. Use of Contractor Services to Avoid Improper Contracting Relationships and FAR Subpart 37.1 3.6.6 Can the Agency Identify and/or Select Peer Reviewers Through a Contract? Program officials cannot interfere in a contractor's authority and responsibility to perform work by "selecting" who will perform the peer review (doing so may invoke FACA — see section 2.7.3). The Federal Acquisition Regulation (FAR) governs the Contracting Officer's (CO's) and program officials' relationship with the contractor. ------- Peer Review Handbook Page 57 However, the CO does have the ability to review and consent to subcontractors and consultants. The contract can also specify which individuals are key personnel and include peer reviewers. The contract will set forth the procedures governing the use and replacement of key personnel. Further, the contract can require workplans for approval by the Agency, wherein the contractor will propose the peer reviewers it is considering for selection. Program officials should identify the qualifications required to perform the review work and the criteria for technical acceptability. The EPA may identify a pool of qualified subcontractors and consultants to the prime contractor (listed in alphabetical order), but cannot direct the use of any particular subcontractor or consultant. 3.6.7 Can I Use Simplified Acquisition Procedures to Obtain Peer Reviewers? In some instances, peer reviewers can be obtained via simplified acquisition procedures. The acquisition of supplies or non-personal services from the open market and on a sole source basis when the aggregate amount involved in any one transaction does not exceed $100,000 constitutes a simplified acquisition (FAR Part 13). The same considerations in the section 3.6.5 discussion on IGFs, COI, access to CBI, and personal services apply to simplified acquisitions. Normally, the Government issues a purchase order directly to the individual peer reviewer, instead of to a prime contractor who may subcontract for performance of the peer review. a) Approvals — All small purchases for peer reviews are considered AAS. See Chapter 2 of the Contract Management Manual (CMM) for the appropriate approval levels for AAS. b) Competition — The Federal Acquisition Regulation (FAR) requires competition for purchases in excess of $2,500. Purchases for more than $2,500 and not more than $100,000 are to be made only from small businesses unless the Contracting Officer is not able to obtain two or more offers from small businesses that are competitive in terms of market price, quality, and delivery. Only one source need be solicited if the Contracting Officer determines that only one source is reasonably available. Contracting Officers are encouraged to use best value. c) Procurement Requests — Program Officers should include the following in all PRs for the purchase of peer reviews: 1) A fixed-price amount at or below the simplified acquisition threshold ------- Page 58 Peer Review Handbook 2) A detailed description of the requested services, inclusive of: (a) Total quantity per line item (b) Estimated unit price per line item (c) Total cost per line item (d) Specific deliverables for each line item (e) Total cost of the purchase request 3) Reference FAR Subpart 3.6 and Environmental Protection Agency Acquisition Regulation (EPAAR) Subpart 1503.601 regarding sources from Government employees or organizations owned and controlled by them. 4) Provide sources from small businesses, if available. 5) If the request is a sole source purchase, justification must be provided in accordance with the EPAAR Subpart 1513.170-1. 3.6.8 How is Travel Handled with Contracts or Purchase Orders? Funds obligated on a contract or purchase order are available to pay for the costs of producing the peer review including the travel costs and fee of the peer reviewer. The EPA acquires peer reviews through simplified acquisitions issued directly to peer reviewers or through contracts with companies, which provide the peer review services. By issuing a purchase order or awarding a contract for peer review services, the EPA may pay not only for the peer review services/comments, but also for attendance at a meeting with the Agency and other reviewers to discuss comments. The scope of work of the contract must require the contractor or individual peer reviewer as appropriate to provide peer review services and indicate whether the contractor or peer reviewer will be required to discuss a specific peer review work product with the Agency and/or with other peer reviewers. Attendance at a meeting to discuss a peer review work product would then be part of the contract's performance. Thus, the contract may serve as the mechanism to pay for peer review services and associated travel expenses to provide comments to the EPA. ------- Peer Review Handbook Page 59 3.6.9 How is Travel Handled with Special Government Employees? The term Special Government Employee (SGE) is defined in 18 U.S.C. 202(a) as an officer or employee of an agency who performs temporary duties, with or without compensation, for not more than 130 days in a period of 365 days, either on a full-time or intermittent basis. Travel and per diem expenses of experts hired as SGEs for peer review may only be paid through the issuance of invitational travel orders (5 U.S.C. §5703). These invitational travel and per diem expenses should be charged to an appropriate EPA travel account. Members of the SAB, SAP, and other FACA advisory committees are often brought on board as SGEs. It is not appropriate to reimburse travel or per diem expenses of advisory committee members or other SGEs through a contract. ------- Page 60 Peer Review Handbook THIS PAGE LEFT INTENTIONALLY BLANK ------- Peer Review Handbook Page 61 4. COMPLETING A PEER REVIEW 4.1 Overview Performance of the formal peer review is not the final stage in the development of the work product. Rather, it is an important stage in developing the work product, with the final work product representing the true end of the peer review. As a result, the peer review process closes with three major activities: evaluating comments and recommendations, utilizing peer review comments for completing the final work product, and organizing and maintaining a record of the peer review. Careful attention to all of these elements, singly and together, assures a credible peer review process. Conversely, inattention can nullify the peer review attempt. A well-planned peer review applied to a reasonable quality starting work product, followed by responsible, visible utilization of peer review suggestions in the final product assures a credible product for use in Agency decision-making. The peer review is not completed until the peer review comments are incorporated into the final work product The peer review is not completed until the peer review comments are incorporated into the final work product, or reasons are stated why such comments are not to be incorporated. Once the peer review is completed, the Peer Review Coordinator moves the peer reviewed scientific and/or technical work product from List B (or List C in some instances) to List A in their office's annual report. 4.2 Final Work Product 4.2.1 How Do I Incorporate Peer Review Comments into the Final Work Product? The Peer Review Leader must carefully evaluate and analyze all peer review comments and recommendations. As discussed earlier, a carefully crafted charge to the peer reviewers simplifies organizing and analyzing comments. Also, any other issues that are raised need to be identified and evaluated. The validity and objectivity of the comments need to be evaluated. Analyses may include consultation with other experts/staff within the Office and/or Agency. Adequate documentation is needed to show that comments are accepted or rejected — the documentation can be brief, but ------- Page 62 Peer Review Handbook must address the legitimate, valid comments. It is the responsibility of the Peer Review Leader to obtain management approval of the approach to addressing the peer review comments. Comments that have significant impact on time, budgetary, and/or resource requirements are particularly important and need to be evaluated in consultation with management. These comments may lead to allocation of additional resources and a revised schedule for the completion of the work product. 4.2.2 What Actions are Potentially Forthcoming from Peer Review? Peer review comments and recommendations may entail significant impacts on the planned project schedule, budget, or other resource requirements. Management decisions related to revisions in one or more of these areas may be appropriate. The substantive issues or concerns expressed by peer reviewers may suggest that wider scientific and technical consultation is needed to ensure the adequacy of the work product. The peer review comments and recommendations on a final product may provide a basis for bringing the associated project to closure. 4.2.3 Can the Identity of Peer Reviewers be Kept Anonymous? If the matter has gone to litigation, the litigating parties can discover the names of anyone who contributed to a Federal product, including peer reviewers. Therefore, it is not possible to totally shield peer reviewers. In addition, it may be difficult to shield the names of the peer reviewers when the Agency is responding to a Freedom of Information request. However, in the ordinary course of events, you can often offer comments received without attributing the comments to a specific reviewer. If a peer reviewer requests anonymity at the outset of the peer review, the Peer Review Leader needs to inform the peer reviewer of the above possible eventualities. The Agency will in the ordinary course of events attempt to maintain the confidentiality of the peer reviewers and their comments for public consumption, but it is recognized in many instances, for example open public meetings and the above circumstances, this can't be assured. Remember, the Agency is committed to working "as if in a fishbowl" and most of its activities are transparent to the public (except where confidential business information is concerned). It is recognized that this may be a deterrent to possible peer reviewers, but this is a reality that has to be understood. ------- Peer Review Handbook Page 63 4.3 Completing the Peer Review Record 4.3.1 How Do I Complete the Peer Review Record? Once the Peer Review Leader has completed the peer review, the peer review record is brought up to date and then archived according to that organization's procedure (see section 2.5.7). The peer review record must be indexed and maintained in an organization's archive (repository). The location of the peer review record needs to be readily identifiable so interested parties can locate and obtain materials easily and quickly. The peer review record should be placed in any associated established public docket, if required, in addition to the organizational archive. As a courtesy, a copy of the revised work product may be sent to the peer reviewers for information. The Peer Review Leader will collect the following materials for the peer review record and submit for archiving; including at least (see also section 2.5.3): a) The draft work product submitted for peer review b) Materials and information (including the charge) given to the peer reviewers c) Written comments, information, and materials received from the peer reviewers d) Information about the peer reviewers (such as reviewers' names, affiliations, and identified potential conflicts and their resolution) e) Logistical information about conduct of the peer review (such as times and locations of meetings) f) A memorandum or other written record responding to the peer review comments specifying acceptance or, where thought appropriate, rebuttal and non-acceptance g) The final work product h) Peer review summary report (see sections 1.3.1 and 1.3.2) 4.3.2 Where Should the Peer Review Records be Kept, and for How Long? During the active conduct of the peer review, the Peer Review Leaders maintain the peer review record with themselves until the peer review is totally completed. Minimally, the file ------- Page 64 Peer Review Handbook should be maintained until one year after the completed peer review is reported in the next annual reporting. After that, the peer review record should be maintained for a "reasonable period of time." Establishment and maintenance of the archive where the peer review records ultimately reside are an organization's responsibility (i.e., not that of an individual program manager or Peer Review Leader). Generally, to allow flexibility, individual offices and regions will decide the appropriate level of organizational responsibility and how they will meet the "routinely available" requirement. The peer review record may be kept with other records relating to the overall project, as long as it is easily and separately identifiable. The peer review record should be maintained in accordance with the Agency's record keeping schedule for such records. One long term archiving mechanism may be the formal archiving at the Federal Records Center in Suitland, MD. (Note: This is the same question as section 2.5.7, but applies in this chapter as well). ------- Peer Review Handbook Page 65 SUBJECT INDEX This is an alphabetical listing of subjects from the Handbook and the pertinent page numbers where they are found. -A- -B- -C- -D- Administrative Procedures Act (12) Administrator (9, 17) Advisory and Assistance Services (53) Analytic blueprints (13, 32, 40) Annual call letter (15) Annual reporting requirements (14, 18) Anonymity of peer reviewers (62) Archiving (39, 63) Assistant Administrators (17) Balancing of peer reviewers (21) Board of Scientific Counselors (BOSC) (34) Budget (18, 32, 40) Categories of work products (15) Charge (19, 37, 43) Chemical action reports (16) Clean Air Scientific Advisory Committee (34) Coding system (16) Compensation (52) Competition (57) Completing a peer review (4, 61) Conducting a peer review (3, 43) Conference proceedings (25) Confidential business information (CBI) (49, 56) Confidential Financial Disclosure (47) Confidentiality (51) Conflicts of interest (21, 28, 47, 54) Contracting officer (50, 52, 54, 56) Contracts (28, 55) Contracts Management Manual (CMM) (52, 53) Controversy (27, 32) Cooperative agreements (28) Court ordered deadlines (31, 36, 49) Decision-Maker (14, 16, 17, 26, 32) Deputy Administrator (14, 17, 18) -E- -F- -G- -I- -J- -L- -M- Designated Agency Ethics Official (48) Division Directors (17) Docket (38, 39, 63) Economic work products (27) Electronic records (14, 16, 38) Environmental Impact Statement (EIS) (29) Environmental regulatory models (29) External peer review (33, 34, 46) Federal Acquisition Regulation (FAR) (53) Federal Advisory Committee Act (FACA) (41, 49) Final work product (61) Grants (28) Gratuitous services (52) Independent peer reviewer (10, 12, 21, 45) Inherently governmental functions (IGFs) (54) Interacting with peer reviewers (51) Interagency agreement (28) Internal peer review (33) Internal peer reviewer (21) Journal article (16, 35) Legal considerations (40) Line-managers (17) List A (14) List B (15, 26) List C (15) Litigation (15, 62) Major impact (27, 32) Major scientific and technical work product (5, 9, 15, 25, 26, 30) Managers planning checklist for peer review (5) ------- Page 66 Peer Review Handbook -N- -O- -P- -R- -S- Materials for peer reviewers (49) Mechanisms for peer review (32) National Academy of Sciences (34) NEPA Products (29) Non-major scientific and technical work products (15, 30, 31) Novelty (27, 32) NPDES permits (16) Office Directors (17) Office of Research and Development (ORD) (14, 16, 20, 23) Open meeting (41) Peer consultation (11) Peer input (11) Peer involvement (10) Peer review (9, 10) Peer Review Advisory Group (PRAG) (17) Peer review comments (19, 38, 61) Peer Review Coordinator (14, 17, 19, 22) Peer Review Leader (18, 18, 32, 39, 48, 49, 61,63) Peer review mechanism (5, 32) Peer review panel (22, 45, 46) Peer review record (5, 20, 36, 37, 63) Peer review schedule (18) Peer review services (52) Peer review summary report (14, 15, 18, 38) Peer reviewers (21, 21, 38, 49, 56) Personal services (56) Planning a peer review (2, 25) Premanufacturing notices (PMNs) (16) Procurement requests (57) Project manager (13, 18, 30) Public comment (12) RCRA permits (16) Record of Decision (ROD) (25) Regional Administrators (17) Regulatory negotiations (14) Rulemaking (13, 27, 38) Science Advisory Board (SAB) (34, 45) Science Policy Council (SPC) (14, 17, 20, 22) Scientific Advisory Panel (SAP) (34, 45) -T- -V- Scientific and technical work product (25) Selection of peer reviewers (45) Sensitive activities (53) Signatures (14, 16) Simplified acquisitions of peer review services (55, 57) Site specific decisions (28) Special Government Employee (SGE) (59) Stakeholder involvement (12) Statement of work for contracts (53) Subject matter expert (22) Tier land Tier 2 (13, 44) Tier 3 (13) Time frame for peer review (36, 44) Travel (58) Voluntary services (52) ------- Peer Review Handbook Page 67 COMMONLY USED ACRONYMS AA Assistant Administrator AAS Advisory and Assistance Services BOSC Board of Scientific Counselors CBI Confidential Business Information CFR Code of Federal Regulations CMM Contracts Management Manual CO Contract Officer COI Conflict of Interest EIS Environmental Impact Statement EPA Environmental Protection Agency EPAAR EPA Acquisition Regulations FACA Federal Advisory Committee Act FAR Federal Acquisition Regulations FOIA Freedom of Information Act FTE Full Time Equivalent GSA General Services Administration HHS Health and Human Services IGF Inherently Governmental Function IRIS Integrated Risk Information System LAN Local Area Network NEPA National Environmental Policy Act NPDES National Pollutant Discharge Elimination System OAM Office of Acquisition Management OGC Office of General Counsel OMB Office of Management and Budget ORD Office of Research and Development PMNs Premanufacture Notice PRAG Peer Review Advisory Group RA Regional Administrator RC Regional Counsel RCRA Resource Conservation and Recovery Act RIAs Regulatory Impact Analyses ROD Record of Decision SAB Science Advisory Board SAP Scientific Advisory Panel SGE Special Government Employee SOPs Standard Operating Procedures SOW Statement of Work SPC Science Policy Council WTI Waste Technologies Industries ------- Page 68 Peer Review Handbook THIS PAGE LEFT INTENTIONALLY BLANK ------- Peer Review Handbook Page A-l APPENDIX A U.S. Environmental Protection Agency Peer Review Policy June 7,1994 ------- Page A-2 Peer Review Handbook June 7, 1994 MEMORANDUM SUBJECT: Peer Review Program TO: Assistant Administrators General Counsel Inspector General Associate Administrators Regional Administrators Staff Office Directors Today, I am reaffirming the central role of peer review in our efforts to ensure that EPA policy decisions rest on sound, credible science and data (see attached policy statement). Toward that end, as its first major task, EPA's Science Policy Council (SPC) is instituting a program to expand and improve peer review in all EPA offices. This memorandum gives an overview of current practices and outlines the new program. Peer Review Practices and Policy Peer review at EPA takes several different forms, ranging from informal consultations with Agency colleagues who were not involved in developing the product to the formal, public processes of the Science Advisory Board (SAB) and the FIFRA Scientific Advisory Panel (SAP). In any form, peer review assists the Agency's work by bringing independent expert experience and judgment to bear on issues before the Agency to the benefit of the final product. EPA's Peer Review Policy, which responds in part to recommendations in the "Credible Science, Credible Decisions" report, outlines general principles for peer review at EPA. Different EPA offices have undertaken various implementing activities, including an Agency- wide information and planning workshop, internal guideline development, and numerous specific peer reviews. Even with these activities, however, I am concerned that EPA does not yet have a comprehensive Agency-wide program for implementing its Peer Review Policy. I therefore welcome the SPC initiative toward effective, efficient implementation of the policy in all the program areas to which it applies. ------- Peer Review Handbook Page A-3 Expanding and Improving Peer Review The Science Policy Council and its Steering Committee have outlined a dual-track implementation program of planning and assistance for all Agency offices. The first track has three major milestones. First, during the next few weeks, Steering Committee members will consult with senior management in each office to exchange information on current peer review activities, assistance needed, possible obstacles to implementation, and implementation planning. Second, using information and materials developed during the first stage, peer review task groups in each office will develop standard operating procedures (SOPs) for use in each office, based in part on generic guidance to be issued by the SPC and in part on peer review needs and capabilities specific to each office. The resulting SOPs will delineate as appropriate the scope of application of peer review with respect to various types of scientific and technical work products such as reports of original research, risk assessments, and analytical methods of economic analysis. OARM and OGC staff will assist each office as needed on legal, budget and administrative matters. Each AA and RA will submit draft SOPs for Steering Committee review by July 15. Third, the SPC review group will work with each office to complete each plan by September 15. In parallel with the above, consistent with the Peer Review Policy, the Science Policy Council will work with each AA and RA to identify "major scientific and technical work products" as peer review candidates for the coming year. This process will consider existing and new plans for internal reviews and for SAB, FIFRA SAP, and other external reviews. The two-fold objective is to plan reviews for technical products covered by the Peer Review Policy and to gain experience with options and obstacles. We will use this experience to review and revise the SOPs as needed. Also, to establish a baseline for comparison, each AA and RA will identify the "major technical products" completed within his/her program during the past 12 months. The Science Policy Council has sent additional information to each office offering guidance on the procedures that you are asked to develop and the schedule for these activities. Please note, however, that because the policy is effective immediately, current peer review planning should continue on present schedules in parallel with developing the formal SOPs. ------- Page A-4 Peer Review Handbook To begin this process, I have asked each Assistant Administrator and Regional Administrator to designate a Peer Review Coordinator to work with the Steering Committee on implementation activities specific to each office. I am very pleased that the Science Policy Council is taking this important step. A comprehensive peer review program is essential to maintaining and improving the quality of the analyses that underlie Agency actions. I look forward to working with you and your staff on this important activity. /s/ Carol M. Browner Attachment cc: Science Policy Council Science Policy Council Steering Committee ------- Peer Review Handbook Page A-5 PEER REVIEW AND PEER INVOLVEMENT AT THE U.S. ENVIRONMENTAL PROTECTION AGENCY This document establishes the policy of the United States Environmental Protection Agency (EPA) for peer review of scientifically and technically based work products that are intended to support Agency decisions. Peer review is presented in the context of the broader concept, peer involvement. BACKGROUND The report "Safeguarding the Future: Credible Science, Credible Decisions"1 focused on the state of science at EPA. The panel of experts who prepared the report emphasized the importance of peer review, especially external peer review, and the need for broader and more systematic use of it at EPA to evaluate scientific and technical work products. Their specific recommendation regarding peer review reads as follows: "Quality assurance and peer review should be applied to the planning and results of all scientific and technical efforts to obtain data used for guidance and decisions at EPA, including such efforts in the program and regional offices. Such a requirement is essential if EPA is to be perceived as a credible, unbiased source of environmental and health information, both in the United States and throughout the world." In response to this recommendation, then-Administrator Reilly directed staff to develop an EPA- wide policy statement, which he issued in January, 1993. The paragraphs below preserve the core of that earlier statement while updating it to specify the role of the Science Policy Council in guiding further implementation of the policy. Effective use of peer review is indispensable for fulfilling the EPA mission and therefore deserves high-priority attention from program managers and scientists within all pertinent Headquarters and Regional Offices. 1 EPA/600/9-91/050, March 1992. ------- Page A-6 Peer Review Handbook PEER INVOLVEMENT AND PEER REVIEW EPA strives to ensure that the scientific and technical underpinnings of its decisions meet two important criteria: they should be based upon the best current knowledge from science, engineering, and other domains of technical expertise; and they should be judged credible by those who deal with the Agency. EPA staff therefore frequently rely upon peer involvement — that is, they augment their capabilities by inviting relevant subject-matter experts from outside the program to become involved in one or more aspects of the development of the work products that support policies and actions. One particularly important type of peer involvement occurs when scientifically and technically based work products undergo peer review — that is, when they are evaluated by relevant experts from outside the program who are peers of the program staff, consultants, and/or contractor personnel who prepared the product. Properly applied, peer review not only enriches the quality of work products but also adds a degree of credibility that cannot be achieved in any other way. Further, peer review early in the development of work products in some cases may conserve future resources by steering the development along the most efficacious course. Peer review generally takes one of two forms. The review team may consist primarily of relevant experts from within EPA, albeit individuals who have no other involvement with respect to the work product that is to be evaluated (internal peer review). Or the review team may consist primarily of independent experts from outside EPA (external peer review). POLICY STATEMENT Major scientifically and technically based work products related to Agency decisions normally should be peer-reviewed. Agency managers within Headquarters, Regions, laboratories, and field components determine and are accountable for the decision whether to employ peer review in particular instances and, if so, its character, scope, and timing. These decisions are made in conformance with program goals and priorities, resource constraints, and statutory or court-ordered deadlines. For those work products that are intended to support the most important decisions or that have special importance in their own right, external peer review is the procedure of choice. Peer review is not restricted to the penultimate version of work products; in fact, peer review at the planning stage can often be extremely beneficial. SCOPE Agency managers routinely make regulatory and other decisions that necessarily involve many different considerations. This policy applies to major work products that are primarily scientific and technical in nature and may contribute to the basis for policy or regulatory decisions. By contrast, this policy does not apply to non-major or nontechnical matters that ------- Peer Review Handbook Page A-7 Agency managers consider as they make decisions. Similarly, this policy does not apply to these ultimate decisions. This policy applies where appropriate, as determined by the National and Regional Program Managers, to major scientifically and technically based work products initiated subsequent to the date of issuance. Peer review should be employed to the extent reasonable to relevant work products that currently are under development. This policy does not apply to the bases for past decisions, unless and until the relevant scientific and technical issues are considered anew in the Agency's decision-making processes. Except where it is required by law, formal peer review (as distinguished from the Agency's normal internal review procedures) should be conducted in a manner that will not cause EPA to miss or need extension of a statutory or court-ordered deadline. Agency managers still may undertake peer review if it can be conducted concurrently with necessary rulemaking steps. LEGAL EFFECT This policy statement does not establish or affect legal rights or obligations. Rather, it confirms the importance of peer review where appropriate, outlines relevant principles, and identifies factors Agency staff should consider in implementing the policy. On a continuing basis, Agency management is expected to evaluate the policy as well as the results of its application throughout the Agency and undertake revisions as necessary. Therefore, the policy does not stand alone; nor does it establish a binding norm that is finally determinative of the issues addressed. Minor variations in its application from one instance to another are appropriate and expected; they thus are not a legitimate basis for delaying or complicating action on otherwise satisfactory scientific, technical, and regulatory products. Except where provided otherwise by law, peer review is not a formal part of or substitute for notice and comment rulemaking or adjudicative procedures. EPA's decision whether to conduct peer review in any particular case is wholly within the Agency's discretion. Similarly, nothing in this policy creates a legal requirement that EPA respond to peer reviewers. However, to the extent that EPA decisions rely on scientific and technical work products that have been subjected to peer review, the remarks of peer reviewers should be included in the record for that decision. IMPLEMENTATION The Science Policy Council is responsible for overseeing Agency-wide implementation. Its responsibilities include promoting consistent interpretation, assessing Agency-wide progress, and developing recommendations for revisions of the policy as necessary. ------- Page A-8 Peer Review Handbook The Science Policy Council will oversee a peer-review work group, which will include representatives from program units throughout EPA to effect a consistent, workable implementation of the policy. The work group will assist the programs in (1) formulating and, as necessary, revising standard operating procedures (SOPs) for peer review consistent with this policy; (2) identifying work products that are subject to review; and (3) for each major work product, selecting an appropriate level and timing of peer review. In assisting the programs, the work group will take into account statutory and court deadlines, resource implications, and availability of disinterested peer reviewers. The group will work closely with Headquarters offices and the Regional Offices toward ensuring effective, efficient uses of peer review in supporting their mission objectives. However, the Assistant Administrators and Regional Administrators remain ultimately responsible for developing SOPs, identifying work products subject to peer review, determining the type and timing of such review, documenting the process and outcome of each peer review, and otherwise implementing the policy within their organizational units. Because peer review can be time-consuming and expensive, Agency managers within Headquarters, Regions, laboratories, and field components are expected to plan carefully with respect to its use — taking account of program priorities, resource considerations, and any other relevant constraints as well as the policy goal of achieving high-quality, credible underpinnings for decisions. External peer reviewers should be chosen carefully to ensure an independent and objective evaluation. The affiliations of peer reviewers should be identified on the public record, so as to avoid undercutting the credibility of the peer-review process by conflicts of interest. The policy is effective immediately. The peer-review work group mentioned above will identify the focal point to whom comments and questions should be addressed and, from time to time, will provide further information about implementation activities. /s/ APPROVED: DATE: JUN 7 1994 CAROL M. BROWNER, ADMINISTRATOR ------- Peer Review Handbook Page B-l APPENDIX B Examples of Charges Please note ~ certain questions that are posed in charges can be responded to with a yes or no answer. Clearly, this is not the type of response we generally want, therefore, it is important to phrase charge questions carefully to ensure that you receive a fully satisfactory and thoughtful response. Where a yes or no answer might be expected, be sure to ask for a full explanation supporting the yes or no answer. ------- Page B-2 Peer Review Handbook CHARGE EXAMPLE 1 - CHARGE TO REVIEWERS FOR THE WTI DRAFT FINAL RISK ASSESSMENT The draft final WTI risk assessment is divided into several volumes covering the scientific disciplines of toxicology, environmental fate and transport, combustion engineering, atmospheric modeling, exposure assessment, ecological risk assessment, and accident analysis. As a reviewer of the WTI draft final risk assessment, you should use your best technical knowledge and professional judgment to comment on the technical accuracy, completeness and scientific soundness of the assessment. Each reviewer is asked to focus on several specific issues in his or her area of expertise with comments on other areas invited but optional. Your comments will be considered in finalizing the risk assessment. For the peer review workshop reviewers will be organized into 5 work groups: Combustion Engineering, Air Dispersion and Deposition Modeling and Accident Analysis, Toxicology, Exposure Assessment, and Ecological Risk Assessment. All reviewers should be familiar with the Executive Summary (Volume I) and the Facility Background (Volume II) sections of the draft risk assessment. In addition, each work group should focus on specific Volumes as specified below: Workgroup Combustion Engineering Air Dispersion and Deposition Modeling and Accident Analysis Toxicology Exposure Assessment Ecological Risk Assessment Risk Assessment Volumes Volume III - Facility Emissions Volume IV - Atmospheric Dispersion and Deposition Modeling Volume V - Human Health Risk Assessment Volume V - Human Health Risk Assessment Volume VI - Screening Ecological Risk Assessment Volume VII - Accident Analysis Volume VII - Accident Analysis Volume VII - Accident Analysis ------- Peer Review Handbook Page B-3 While reviewing these sections of the document, please address the following general issues. 1) Comment on the organization of the risk assessment document. Does the layout follow a logical format? Is the presentation of information in the document clear, concise and easy to follow? 2) Does the executive summary accurately reflect the data and methodologies used and the conclusions derived in the risk assessment? 3) Were the major recommendations of the 1993 peer review workshop for the risk assessment plan addressed? 4) As with any risk assessment, there are always additional data and method development efforts that could be undertaken to reduce the level of uncertainty. However, are there any major data or methodological gaps that would preclude the use of this risk assessment for decision making? If so, how should they be addressed? 5) What long-term research would you recommend that could improve risk assessments of this type in the future? In addition, the following workgroup specific issues should be addressed. Emissions Characterization Emissions characterization includes identification of substances of concern and the development of emission rates for these contaminants. Emission rates were developed through a combination of site specific stack test data and models. Please comment on the following issues with respect to this aspect of the draft risk assessment. 1) To characterize the nature of the emissions, waste stream profiles were developed and entered into a database. Several refinements and adjustments (e.g., the Subtraction Correction Factor for chlorinated compounds) were applied to the profiles before substances of concern were identified. Please comment on whether or not these adjustments are appropriate. What is the anticipated effect on the risk assessment? 2) Comment on the selected chemicals of concern. Have important chemicals been missed due to the selection technique? ------- Page B-4 Peer Review Handbook 3) Comment on the approaches used to estimate stack emission rates (e.g., use of the 95% UCL of the arithmetic mean or the maximum detected value, whichever is smaller, for high end emission rates). Are the approaches appropriate? Are their effects on the risk assessment adequately characterized? Comment on the adjustment made to PCDD/PCDF emission rates to account for brominated dioxin-like compounds. Also, comment on the approach to characterizing emission rates from fugitive sources (e.g., use of the TANKS 2 model for the Carbon Adsorption Bed). 4) Comment on the identified sources of fugitive emissions. Was the approach used to select these sources appropriate? Have important sources been missed? Have emissions from process upsets been given appropriate consideration? 5) There have been a number of controlled burns at the WTI facility. Please comment on the adequacy of these data in estimating potential exposure. Please comment on the assumptions made from the tests in regard to composition of wastes received at WTI and emissions when the plant operates in the future. 6) Comment on the use of emission factors from coal burning to estimate the emission rate of fly ash from WTI. Are the factors used to adjust the coal emission rate appropriate? Are the uncertainties introduced from this approach adequately characterized? 7) Overall, is the identification of the key assumptions used in characterizing the nature and magnitude of emissions thorough? Are the magnitude and direction of effect of these assumptions on the overall risk assessment accurately characterized? Is the uncertainty and variability inherent in this analysis adequately discussed? Does the sensitivity analysis cover the major parameters expected to have an effect on the risk assessment? Dispersion and Deposition Modeling To develop this risk assessment, computer models have been used with site specific data on emission rates and meteorological conditions to simulate the air concentrations and deposition rates for contaminants potentially emitted from the WTI facility. The models used include the Industrial Source Complex - Complex Terrain Deposition (ISC-COMPDEP), the CALPUFF, and the INPUFF models. In your review, please address the following issues. 1) Since the 1993 peer review of the risk assessment plan, a number of efforts have been completed to reduce the uncertainty associated with the air dispersion and deposition modeling. These efforts include the collection of site-specific data for ------- Peer Review Handbook Page B-5 emission rates and meteorological conditions. Also, a wind tunnel study was conducted to evaluate the effects of the complex terrain surrounding the WTI facility. Does the risk assessment document adequately summarize these activities? Is the link between these data collection efforts, the air dispersion models, and the risk assessment clearly established? 2) The results of 12 sets of sensitivity tests indicate that geophysical variables (e.g., terrain) are more likely to affect dispersion and deposition than emission variables (e.g., stack temperature). Were these sensitivity analyses adequate? Comment on the conclusions reached. To further examine the effect of geophysical variables, wind tunnel testing was conducted to model the terrain induced flow effects expected near WTI. It was concluded that changes in peak concentrations attributed to these effects are relatively minor and that the ISC-COMPDEP model is sufficiently conservative. Comment on this conclusion. Have these analyses helped to characterize and/or reduce the uncertainty in the air dispersion modeling associated with the complex terrain surrounding WTI. 3) The ISC-COMPDEP model does not allow for non-steady state conditions such as calm winds and strong temperature inversions. Therefore, CALPUFF was used to estimate air dispersion and deposition under these conditions. However, CALPUFF gave similar peak, 24 hour, and annual average concentrations as ISC- COMPDEP. Comment on the adequacy of this analysis. Comment on the conclusions reached. Has this analysis helped to characterize and/or reduce the uncertainty in the air dispersion modeling associated with non-steady state meteorological conditions? 4) Atmospheric dispersion modeling was used to estimate air concentrations of hazardous chemicals for the accident analysis. The SLAB model was used for vapor releases from spills and the mixing of incompatible wastes. ISC- COMPDEP was used for releases associated with fires. Comment on the selection of the models and inputs. Are they appropriate selections? 5) Overall, have adequate sensitivity tests been conducted to demonstrate the magnitude of variation in concentrations and deposition estimates with model inputs? Please explain fully. Human Health Risks Human Health Risk Assessment includes hazard identification, dose-response evaluation, exposure assessment, and risk characterization. To develop the risk assessment, potentially exposed populations have been identified and the magnitude, frequency, and duration of their ------- Page B-6 Peer Review Handbook exposure quantified. This information was then integrated with the hazard identification and dose response evaluation for the risk characterization. For this risk assessment, both carcinogenic and non-carcinogenic health effects have been evaluated. In your review, please comment on the following issues. Exposure 1) EPA's Exposure Assessment Guidelines identify certain exposure descriptors that should be used to characterize exposure estimates. The Guidelines define high end exposure estimates as those representing individuals above the 90th percentile on the exposure distribution but not higher than the individual in the population who has the highest exposure. Bounding exposure estimates are those that are higher than the exposure incurred by the person in the population with the highest exposure. Central tendency exposure estimates are defined as the best representation of the center of the exposure distribution (e.g., arithmetic mean for normal distributions). Comment on whether or not the WTI exposure assessment properly characterizes each of the exposure estimates in terms of these descriptors. 2) The factors that go into estimating a central tendency or high end exposure, once the population has been defined, include the environmental media concentration, the intake rate, and the duration and/or frequency of exposure. Comment on whether or not the WTI exposure assessment does an adequate job of describing the logical procedure of combining these factors to develop central tendency, high end, and/or bounding estimates of exposure for each of the exposed subpopulations. 3) An important factor in an exposure assessment is identifying all of the important exposure sources. Please comment on the adequacy of the WTI assessment in identifying the important sources and pathways of exposure. 4) Have the key assumptions for estimation of chemical concentration and for estimation of exposure been identified? Are the magnitude and direction of effect correct for the assumptions that have been identified? 5) Supposedly, conservative assumptions have been applied in this assessment to account for uncertainty. Are the conservative assumptions appropriately factored into the ultimate characterization of what descriptor best applies to each exposure estimate? Please comment on whether the uncertainties were confronted in an adequate manner. If they were not, please state what should be done differently. ------- Peer Review Handbook Page B-7 Hazard Identification/Dose Response and Risk Characterization 1) To select surrogate compounds for quantitative risk assessment, a two step process was used in which chemicals were ranked on the basis of emission rate, toxicity (both cancer and non-cancer), and bioaccumulation potential. Please comment on this selection process. Are the ranking factors appropriate? Could important compounds have been omitted from the analysis based on the ranking procedure? 2) For the majority of the chemicals of concern, traditional approaches to dose response evaluation were employed (e.g., use of a slope factor for cancer and use of a RfD/RfC for non-cancer). However for certain chemicals or groups of compounds a different methodology was used. Specifically, dioxins, furans, PAHs, lead, mercury, nickel, chromium, acid gases, and particulate matter were given special consideration. Please comment on the methodology used for these compounds. Was it appropriate? Have the uncertainties associated with the methodology been adequately characterized? Comment on the assumptions used due to a lack of chemical specific data. 3) Please comment on the selection of the overall population and the various subpopulations at risk. Were site specific data, such as the informal home gardening survey, properly utilized to identify these subpopulations? 4) It is stated in the risk assessment that average risk estimates are based on average emission rates, average air dispersion/deposition within a subarea, and typical exposure factors. Further, maximum risks are based on average emission rates, typical exposure factors, and the maximum air concentration within a subarea. Please comment on this use of the terms average and maximum risks. Are these descriptive terms appropriate given the parameters used to derive each? Please explain fully. 5) Comment on whether or not the non-cancer risks of chemicals of concern have been adequately addressed by the risk assessment? For example, has an adequate discussion of endocrine disrupters been provided which either characterizes their risks or clearly explains why their risks cannot be characterized? Further, have non-cancer chronic toxicities of dioxins and furans been adequately addressed in the risk assessment? 6) Please comment on whether or not the uncertainties associated with the additivity and/or synergy of risks from pollutants emitted together from the WTI facility are adequately discussed in the risk assessment. ------- Page B-8 Peer Review Handbook 7) Have the key assumptions for estimation of dose and risk been identified? Are the magnitude and direction of effect correct for the assumptions that have been identified? Please comment on whether the uncertainties were confronted in an adequate manner. If they were not, please state what should be done differently. 8) Please comment on the overall adequacy of the risk characterization. Does the risk characterization include a statement of confidence in the risk assessment including a discussion of the major uncertainties. Are the hazard identification, dose-response assessment, and exposure assessment clearly presented? Have sufficient risk descriptors which include important subgroups been presented and discussed? Screening Ecological Risk Assessment As with the human health risk assessment, the ecological risk assessment pulls together elements of exposure analysis and dose-response evaluations to develop a risk characterization. For the Screening level Ecological Risk Assessment (SERA), Ecological Chemicals of Concern (ECOC) and indicator species have been identified to provide conservative estimates of risk. Please address the following issues in your review. 1) Are there any components of the SERA which you feel undermine the scientific validity of the assessment? If so, what are they and can you provide suggestions to strengthen the identified components? 2) Is the organization of the document clear and does it present the material in a clear and concise manner consistent with the Framework for Ecological Risk Assessment (EPA, 1992)? Please explain fully. 3) Uncertainties are discussed in numerous sections of the SERA and compose Section VIII of the SERA. In each case, do these discussions cover all relevant and important aspects of the uncertainties which you think should be addressed in the SERA? 4) In your opinion, what is the weakest and what is the strongest aspect of the SERA? Can you make any suggestions on how the weakest parts can be strengthened by the Agency? 5) In Section II, are the stressors, ecological effects, and both the assessment and measurement endpoints adequately characterized? Are the five emission scenarios adequate to characterize the exposures for the WTI facility? Are there other emission scenarios which you think should be included in the SERA? ------- Peer Review Handbook Page B-9 6) In Section III, is the site characterization adequate to support the SERA? Why or why not? 7) In Section IV, is the tiered process used to identify the ecological chemicals of concern (ECOC) from the initial list of potential chemicals considered scientifically defensible? Does application of this tiered approach support the statement made in the SERA "by focusing on the potential risk from the selected ECOCs, the SERA provides a thorough screening-level evaluation for the WTI facility?" 8) In Sections V and VI, are the exposure and ecological effects adequately characterized? Are the most appropriate estimation techniques available used? Are the assumptions clearly stated? Please explain fully. 9) In Section VIII, are there any major elements missing from the risk characterization which you think need to be included or which would strengthen the risk characterization? Does the risk characterization support the summary and conclusions presented in Section IX? 10) In Section IX, given the assumptions made and the processes used to select and evaluate chemicals, receptors, and exposure pathways, do you think the SERA adequately met its objective of not inadvertently underestimating risk? Accident Analysis The Accident Analysis for the WTI incinerator involves evaluating the probability of an emergency incident occurring which results in the release of hazardous waste. The consequences of this release are also evaluated using exposure and human health effects information. Unlike the human health risk assessment which has a primary goal of quantifying risks, the accident analysis typically provides information that can be used to reduce the likelihood, extent and impact of possible accidents. Please comment on the following issues in your review of this aspect of the risk assessment. 1) The WTI accident assessment selected five scenarios for quantitative evaluation that were considered to be of primary concern. The scenarios are an on-site spill, an on-site fire, an on-site mixing of incompatible waste, an off-site spill, and an off-site spill and fire. Please comment on the selection of these scenarios. Were any significant scenarios missed? 2) Specific chemicals were selected to evaluate each scenario. Please comment on the selections. Would other chemicals have been more appropriate? ------- Page B-10 Peer Review Handbook 3) Chemical specific release rates are calculated for each scenario. Please comment on the procedures used to estimate the release rates. Was an appropriate approach used? 4) Atmospheric dispersion modeling was used to estimate air concentrations of hazardous chemicals. Specifically, the SLAB model was used for vapor releases from spills and the mixing of incompatible wastes. ISC-COMPDEP was used for releases associated with fires. Comment on the selection of the models and in- puts. Are they appropriate selections? Should other models or inputs been used? 5) Please comment on the assessment's conclusions on the severity of consequences and probability of occurrence. Has the report correctly categorized the severity of the consequences of the different accident scenarios? Has the assessment adequately justified the reported probability of occurrence of each of the accident events? 6) Key assumptions were made in the identification of accident scenarios and the description of the conservative and typical events. Included were a description of the magnitude of the effect of the assumptions and direction of the effect. Please comment on the assumptions. Are they justified? Are the descriptions of the magnitude and directions of the effects correct? Has the accident assessment adequately confronted the uncertainties involved in doing this type of analysis? If not, what else should be done? 7) Comment on the appropriateness of using IDLH values for characterizing the severity of consequences in the accident analysis. Comment on the appropriateness of using 10 X LOG for chemicals for which IDLH values have not been established. 8) In the accident analysis, IDLH (or 10 X LOG) values were used to determine the downwind distances over which adverse human health effects might occur. To evaluate the uncertainty introduced by using the IDLH, a sensitivity analysis was conducted where these distances were recalculated using the LOG (a more stringent health criteria). Other sources of uncertainty that are identified in the accident analysis include concentration averaging times, chemical concentrations, emission rates, and meteorological conditions. For most of these parameters it is stated that conservative assumptions were used to avoid underestimating risks. Have the uncertainties inherent in the accident analysis been adequately characterized? For those parameters where sensitivity analyses were not conducted, is the conclusion that conservative assumptions have avoided underestimation valid? ------- Peer Review Handbook Page B-ll CHARGE EXAMPLE 2 - IRIS Pilot Program Instructions to Peer Reviewers for Reviewing IRIS Summaries and Supporting Documentation The U.S. EPA is conducting a peer review of the scientific basis supporting the health hazard and dose response assessments for the subject chemical that will appear on the Agency's online database, the Integrated Risk Information System (IRIS). Materials to be reviewed include the summary information that will appear on IRIS (the inhalation reference concentration [RfC], oral reference dose [RfD], and cancer assessment) and the supporting document, the Toxicological Review, which will also be made available to the public. A listing of Agency Guidelines and Methodologies that were used in the development of these hazard and dose-response assessments included the following: The Risk Assessment Guidelines (1986), the (new) Proposed Guidelines for Carcinogen Risk Assessment ( 1996), Guidelines for Developmental Toxicity Risk Assessment, (proposed) Interim Policy for Particle Size and Limit Concentration Issues in Inhalation Toxicity, (proposed) Guidelines for Neurotoxicity Risk Assessment, Methods for Derivation of Inhalation Reference Concentrations and Application of Inhalation Dosimetry, Recommendations for and Documentation of Biological Values for Use in Risk Assessment and Use of the Benchmark Dose Approach in Health Risk Assessment. Copies of these documents (and/or their relevant sections) will be made to the reviewer upon request. Peer review is meant to ensure that science is used credibly and appropriately in derivation of these dose-response assessments. You have been chosen as an expert on the chemical under consideration, on a scientific discipline related to at least one of the assessments, or in the field of risk assessment. At least three peer reviewers per chemical are being chosen to review the scientific basis of these draft dose-response assessments before they are forwarded on to the EPA's Consensus Process for final approval and adoption by the EPA. These hazard and dose-response assessments will then appear on IRIS and become available as Agency consensus health effect information. The primary function of the peer reviewer should be to judge whether the choice, use, and interpretation of data employed in the derivation of the assessments is appropriate and scientifically sound. This review is not of the recommended Agency risk assessment guidelines or methodologies used to derive cancer or RfD/C assessments as these have been reviewed by external scientific peers, the public, and EPA Science Advisory Boards. The reviewer's comments on the application of these guidelines/methodologies within the individual assessments is, however, welcomed and encouraged. For example, the reviewer may ascertain whether or not there is data sufficient to support use of other than default assumptions for areas such as sensitive subpopulations or linear cancer extrapolation. The reviewer may also have ------- Page B-12 Peer Review Handbook opinions on other areas of uncertainty such as subchronic to chronic duration (when only a subchronic study is available) or an incomplete data base but should focus on the specific area of uncertainty rather than on the magnitude of the overall estimate. Below are two groups of questions regarding this review. The first is a set of general questions that are meant to guide you through your review. It is not imperative that you specifically answer each question of this group. The second group of questions, however, are specific for the chemical assessments and deal with areas of scientific controversy or uncertainty in which the Agency may have to make a scientific judgment. Your input to this set of questions is considered vital to the review process. Questions for IRIS Peer Reviewers -General 1) Are you aware of any other data/studies that are relevant (i.e., useful for the hazard identification or dose-response assessment) for the assessment of the adverse health effects, both cancer and noncancer, of this chemical? Please explain fully. 2) For the RfD and RfC, has the most appropriate critical effect been chosen (i.e., that adverse effect appearing first in a dose-response continuum)? For the cancer assessment, are the tumors observed biologically significant? relevant to human health? Points relevant to this determination include whether or not the choice follows from the dose-response assessment, whether the effect is considered adverse, and if the effect (including tumors observed in the cancer assessment) and the species in which it is observed is a valid model for humans. 3) Have the noncancer and cancer assessments been based on the most appropriate studies? These studies should present the critical effect/cancer (tumors or appropriate precursor) in the clearest dose-response relationship. If not, what other study (or studies) should be chosen and why? 4) Studies included in the RfD and RfC under the heading "Supporting/Additional studies" are meant to lend scientific justification for the designation of critical effect by including any relevant pathogenesis in humans, any applicable mechanistic information, any evidence corroborative of the critical effect, or to establish the comprehensiveness of the data base with respect to various endpoints (such as reproductive/developmental toxicity studies). Should other studies be included under the "Supporting/Additional" category? Should some studies be removed? ------- Peer Review Handbook Page B-13 5) For the noncancer assessments, are there other data that should be considered in developing the uncertainty factors or the modifying factor? Do you consider that the data support use of different (default) values than those proposed? 6) Do the Confidence statements and weight-of-evidence statements present a clear rationale and accurately reflect the utility of the studies chosen, the relevancy of the effects (cancer and noncancer) to humans, and the comprehensiveness of the data base? Do these statements make sufficiently apparent all the underlying assumptions and limitations of these assessments? If not, what needs to be added? Questions for IRIS Peer Reviewers - Chemical Specific [example: cumene] 1) Based on the information noted in the Principal study currently designated (Cushman et al., 1995) is the discounting of the renal effects in males justified? Is sufficient rationale given to let stand the organ weight changes in female rats as a critical effect? 2) Is the information in the Toxicological Review sufficient to consider cumene as having a low potential for causing reproductive effects? Please explain fully. RECOMMENDATIONS Based on your reading and analysis of the information provided, please identify your overall recommendation for the IRIS materials you have reviewed as 1) Acceptable as is 2) Acceptable with minor revision (as indicated) 3) Acceptable with major revision (as outlined) 4) Not acceptable ------- Page B-14 Peer Review Handbook CHARGE EXAMPLE 3 - Science Advisory Board Review of the Agency's National Risk Management Research Laboratory's (NRMRL) Program The Office of Research and Development (ORD) requests that the Science Advisory Board review the Agency's National Risk Management Research Laboratory's (NRMRL) program. In the "Strategic Plan for the Office of Research and Development" (EPA, 1996a), ORD described the relationship of risk assessment to the risk management process, and emphasized the need for scientific and engineering research to enable sound risk management decisions and actions. Within the framework of that strategic plan, NRMRL's mission is to conduct research to reduce uncertainties and costs associated with making and implementing environmental risk management decisions. NRMRL has therefore developed a research agenda to reduce risk uncertainty that also focuses on those important, relevant issues where it can make a difference. The charge to the SAB is to: 1) Examine and critique the research programmatic directions such as whether NRMRL is pursuing the most appropriate research problem areas; 2) Comment on strategic directions, e.g. use of its core technical competencies, transition from primarily extramural to an intramural R&D organization, leveraging with other agencies and organization; 3) Review and comment on the effectiveness of NRMRL's approach to science management, e.g. measures of success and science quality, soundness of peer review process; 4) Examine and critique the relationship of NRMRL's risk management research and its intended role in the risk assessment/risk management paradigm; and 5) Review and comment on the strategic balance for the next decade among pollution prevention, technology development, remediation, and risk management assessment activities. ------- Peer Review Handbook Page B-15 CHARGE EXAMPLE 4 - Science Advisory Board (SAB) Review of the Technical Aspects of the Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM) The EPA Science Advisory Board (SAB) is asked to review the technical aspects of the Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM). The review document was developed collaboratively by four Federal agencies, departments and commissions having authority for control of radioactive materials: Department of Defense, Department of Energy, Environmental Protection Agency, and Nuclear Regulatory Commission. MARSSIM addresses the need for a nationally consistent approach to conducting radiation surveys of potentially radioactively contaminated sites that are being considered for release to the public. A condition of release is a demonstration that residual radioactivity levels do not exceed a specified risk or dose level, also known as a release criterion. MARSSIM provides guidance to users performing and assessing the results of such a demonstration for surface soils and building surfaces. The SAB is asked by the Agency's Office of Radiation and Indoor Air (ORIA) to respond to the following charge in its review: 1) Is the overall approach to the planning, data acquisition, data assessment, and data interpretation as described in the MARSSIM technically acceptable? Please explain fully. 2) Are the methods and assumptions for demonstrating compliance with a dose- or risk-based regulation technically acceptable? Please explain fully. 3) Are the hypotheses and statistical tests and their method of application appropriate? Please explain fully. ------- Page B-16 Peer Review Handbook CHARGE EXAMPLE 5 - Science Advisory Board (SAB) Review of the Statistical Performance of the Agency's Protozoan Oocyst Monitoring Methods The Science Advisory Board (SAB) is asked to review a report describing the statistical performance of the Agency's protozoan oocyst monitoring methods. Agency staff recognized that the protozoan analysis methodology that had been formally adopted for the Information Collection Rule (ICR) was crude and had very low and highly variable recoveries of added oocysts. The statistical methodology was considered by Agency staff to be necessary to determine whether the Agency can take advantage of the large monitoring program agreed to under the negotiated rulemaking process. The Agency charge asks that the SAB evaluate the report and address the following concerns: 1) Evaluate the factual and conceptual soundness of the approach and methods used, and the soundness of the results and conclusions of the report. 2) Evaluate the viability of the assumptions and conditions tested in the report. 3) Evaluate the suitability of the report as a basis for making a decision on the use of protozoan monitoring data for a national impact assessment. 4) Evaluate whether the degree of accuracy and precision of the protozoan method is acceptable for an impact analysis. ------- Peer Review Handbook Page B-17 CHARGE EXAMPLE 6 - Science Advisory Board (SAB) Review of the Environment Monitoring and Assessment Program (EMAP) Research Strategy and Research Plan The Science Advisory Board (SAB) is asked to review the Environment Monitoring and Assessment Program (EMAP) Research Strategy and Research Plan. The review is requested by the Office of Research and Development (ORD) with the following specific charge issues: 1) Previous peer reviews recommended that EMAP develop a close working relation with EPA Program Offices and other federal monitoring efforts. Does the EMAP strategy support the [Office of Science and Technology Policy's Committee on Environment and Natural Resources] CENR National Monitoring Framework and EPA Program Offices? 2) Previous peer reviews recommended that EMAP initiate a focused research program on indicator development. Does the intramural EMAP program on ecological indicator development, coordinated with the [ORD Science To Achieve Results] STAR solicitations, respond to this research need? 3) Previous peer reviews recommended that the EMAP design be modified to include a set of nonrandomly selected sentinel sites with intensive data collection. Does the development of Index Sites as outdoor laboratories in the national parks ([National Park Service] NFS and [US Geological Survey] USGS) and selected estuaries ([National Oceanic and Atmospheric Administration] NOAA) add this dimension to the EMAP? 4) Previous peer reviews recommended that EMAP combine effects-oriented and stressor-oriented monitoring approaches. Do the focused geographic demonstration pilot studies (initially in the Mid-Atlantic region) combine these elements? ------- Page B-18 Peer Review Handbook THIS PAGE LEFT INTENTIONALLY BLANK ------- Peer Review Handbook Page C-l APPENDIX C GUIDANCE ON REQUESTING A REVIEW BY THE SCIENCE ADVISORY BOARD (SAB) ------- Page C-2 Peer Review Handbook Guidance on Requesting a Review By the Science Advisory Board (SAB) Summary The Science Advisory Board (SAB) annually solicits proposals for review projects every spring for the following fiscal year. This appendix provides guidance to Programs and Regions to help them submit requests for SAB reviews. Requests should be submitted to the Science Advisory Board in both hard copy and electronic versions usually by mid-June for the following fiscal year. The requests may be part of the annual submissions that respond to the peer review activities of the Agency, or they may be submitted directly to the Board. Although providing requests at one defined time in the spring helps with SAB planning, we recognize that projects also come to light during other parts of the year. Please contact the SAB staff for details on making submissions during the remainder of the year (see end of this document for contacts). Background A key priority for Administrator Browner is to base Agency actions on sound scientific data, analyses, and interpretations. She issued the Agency's Peer Review Policy to increase the quality of the technical foundations upon which EPA's regulatory structures are built. The SAB is a key scientific peer review mechanism available to Programs and Regions in implementing the Peer Review Policy. However, because the Board has finite resources it cannot conduct all reviews. This document is designed to help Programs and Regions determine which projects to submit to the SAB. Note particularly that the SAB focuses on the technical underpinnings of Agency positions; i.e., risk assessment issues, in contrast to risk management issues. The topics that are best suited for the Board's agenda are those that satisfy several of the following criteria: 1) Integrate science into Agency actions in new ways. 2) Influence long-term technological developments. 3) Impact overall environmental protection. 4) Address novel scientific problems or principles. 5) Address problems that transcend federal-agency or other organizational boundaries. 6) Strengthen the Agency's basic capabilities. 7) Serve Congressional or other leadership interests. 8) Deal with controversial issues. In suggesting issues for SAB involvement, Programs and Regions should note the breadth of SAB activities: ------- Peer Review Handbook Page C-3 Historically, most of the outputs of the Board are in the form of "full" reports. They present the findings of peer reviews of Agency document(s) and contain considerable detail about the findings and recommendations of the Board. They also address the specific questions posed by the Charge to the Board. "Letter" reports fulfill the same function as reports, but are simply shorter in length. Due to the need to be more responsive with advice, the Board has recently begun to produce more short letter reports than full reports, as they can be produced and finalized in less time. The SAB has also introduced the "Consultation" as a means of conferring—in public session—with the Agency on a technical matter before the Agency has begun substantive work on that issue. The goal is to leaven EPA's thinking on an issue by brainstorming a variety of approaches to the problem very early in the development process. There is no attempt or intent to express an SAB consensus or to generate an SAB report. The Board, via a brief letter simply notifies the Administrator that a Consultation has taken place. More recently, the Board introduced a new vehicle for communicating with its clients — the "Advisory" - which provides, via a formal SAB consensus report, critical input on technical issues that arise during the Agency's issue development process. The Advisory generally involves a review of a multi-year Agency project. The intent is to provide some mid-course assessment to see if the Agency is heading in a scientifically credible direction. In order to maintain an objective, arms-length relation with the Agency and its projects, the SAB review of the final product at some point in the future will include experts who did not participate in producing the Advisory. The Agenda Setting Process Each Assistant Administrator and Regional Administrator is normally asked to submit a list of candidate topics for SAB action/review. A "project sheet" (see attached example) is used to define each topic that is nominated for SAB review. The project sheet is prepared by the requesting office and contains the following information: 1) Project title/subject (Descriptive short title of project) 2) Requesting Organization/Office (Primary office requesting review, AA/RA level) 3) Requesting Official (Name and position of senior official requesting review, usually office or division level - this is the person who may receive a summary briefing from the Chair following the review) ------- Page C-4 Peer Review Handbook 4) Program Contact (Name/phone number/mail code - this is the principal contact for SAB Staff to interact with during development of the SAB review) 5) Background (brief history of the project and why it is important) 6) Tentative Charge (what the SAB is being asked to comment on - usually a set of questions) 7) Tentative Schedule and Committee (when the review is expected to be conducted, e.g., Winter 1998; and which SAB committee is appropriate for the review — final choice as to the review committee is at the discretion of the Board) 8) Budget Estimate (Rough estimates of Agency funding for the subject over the past 5 years (if applicable) and for the next 2 years (if applicable). The SAB Executive Committee has asked for this information to help it better appreciate the level of Agency involvement in and commitment to the issue) 9) Preparer (name, phone, office of preparer of Project Sheet and the date prepared) The proposed topics will be examined and discussed in a number of forums: 1) The individual SAB Committees - Throughout the late Spring and Summer, the SAB Committees will be examining options for the following fiscal year, including all suggestions made by the Agency. 2) The Science Policy Council-Steering Committee (SPC-SO - The SPC-SC usually meets in early summer to examine the proposals for each fiscal year. The goal is to provide cross-office critique/integration of the proposals. The SPC-SC will be used as a forum for continuing discussion throughout the process and throughout the year as new topics emerge. 3) The Deputy's perspective - In the summer, the Deputy Administrator will review the requests and provide insights on priorities. 4) The SAB Executive Committee - During its summer meeting, the SAB's EC will examine the nominated topics, adding its own perspective on an appropriate agenda, using its selection criteria. 5) The Administrator - In September, the list of proposed topics will be delivered to Administrator Browner for information and added insights. ------- Peer Review Handbook Page C-5 The completed project sheets should be submitted electronically to the SAB Deputy Staff Director (fowle.jack@epamail.epa.gov) and in signed hard copy (mail code 1400). SAB Staff Contacts Dr. Donald Barnes (202-260-4126) - Staff Director; Designated Federal Officer (DFO) for the Executive Committee: Dr. JackFowle (202-260-8325) - Deputy Staff Director. Mr. Robert Flaak (202-260-5133) - Team Leader, Committee Operations Staff; DFO for the Clean Air Scientific Advisory Committee (CASAC); DFO for the Research Strategies Advisory Committee (RSAC). Ms. Kathleen Conway (202-260-2558) - DFO for the Environmental Engineering Committee (EEC). Dr. Jack Kooyoomjian (202-260-2560) - DFO for the Radiation Advisory Committee (RAC); DFO for the Advisory Council on Clean Air Compliance Analysis (Council). Mr. Tom Miller (202-260-5886) - DFO for the Drinking Water Committee (DWC); DFO for the Environmental Economics Advisory Committee (EEAC). Mr. Sam Rondberg (202-260-2559) and LCDR Roslyn Edson (PHS) - DFOs for the Environmental Health Committee (EHC); DFOs for the Integrated Human Exposure Committee (fflEC) Ms. Stephanie Sanzone (202-260-6557) - DFO for the Ecological Processes and Effects Committee (EPEC). All SAB staff can be contacted via Agency Email. ------- Page C-6 Peer Review Handbook Science Advisory Board Proposed Project Project title/subject: Proposed Amendments to the Risk Assessment Guidelines for Carcinogens Requesting Organization/Office: Office of Research and Development (ORD) Requesting Official: Name, Title, Office/Organization Program Contact: Name, Title, Office/Organization, 202-260-xxxx Background: EPA's Health Risk Assessment Guidelines provide generic science and science policy guidance on risk assessment issues for use in all Agency offices. EPA has currently issued or proposed nine guidelines (or amendments) in this series, all of which have been submitted to the Science Advisory Board for review. The current guidelines for carcinogen risk assessment were reviewed by the SAB and issued as final guidance in 1986. In 1988, the Forum initiated a public process for considering amendments to these guidelines. A Risk Assessment Technical Panel considered submissions from the public as well as information developed by experts at two public workshops in revising these guidelines. Tentative Charge: Review the amended and expanded guidance, with special emphasis on (a) weight-of-evidence issues, (b) a new classification system, (c) dose response modeling, and (d) the use of pharmacokinetic and metabolic data. A more detailed charge will be negotiated with SAB at a later date. Tentative Schedule and Committee: Winter, 1998, Environmental Health Committee Budget: FY 1995 - $xxx and yy FTE FY 1996 - $xxx and yy FTE FY 1997 - $xxx and yy FTE FY 1998 - $xxx and yy FTE FY 1999 - FY2000 - estimated costs of $xxx and yy FTE each year Preparer: Name, Title, Office/Organization, 202-260-xxxx Date: June 1, 1997 ------- Peer Review Handbook Page D-l APPENDIX D Example Statements of Work for Contracts ------- Page D-2 Peer Review Handbook STATEMENT OF WORK - EXAMPLE 1 - Statement of Work: Technical Review Contractor for Panel Review of Assistance Agreement or Fellowship Applications 1) Purpose The purpose of this contract is to purchase peer review services of a contractor with expertise in Exploratory Research; Environmental Chemistry. The services are for peer reviewing applications received in response to the Office of Research and Development's (ORD's) 1997 Science to Achieve Results program. These reviews shall be completed and the evaluation sheets shall be prepared prior to the reviewer's participation in a 3-dav panel discussion to be held in Washington, D.C. on May 5 -7,1997. 2) Statement of Work ORD's National Center for Environmental Research and Quality Assurance (NCERQA) is responsible for overseeing the recently expanded research grants and fellowships programs. Each year NCERQA (alone or in conjunction with other organizations) solicits applications in each of these programs. The applications to be reviewed under this contract were submitted in response to the solicitation for the 1997 Science to Achieve Results program. As part of the selection process, NCERQA must conduct a peer review that is designed to evaluate the scientific quality of each application; this is accomplished through the ad hoc use of technical experts. The peer review services required by this contract necessitate the independent review of a maximum of 10 applications and the preparation of a typed evaluation summary and an overall rating for each of these applications. Each evaluation summary shall support and be consistent with the overall rating that is assigned; it also shall be completed prior to the contractor's participation in the panel discussions. After the panel discussions for the applications assigned to the contractor, the contractor shall submit all completed evaluation summaries to the designated Science Review Administrator (SRA). The contractor also shall serve as the panel's rapporteur for approximately 6-8 of the applications assigned. As rapporteur, the contractor shall be responsible for preparing a typed evaluation summary (on-site typing support will be provided by NCERQA) that reflects the panel's discussion of the respective application as well as the panel's overall rating (the criteria for the panel's overall rating are the same as those for each peer reviewer's overall rating). As rapporteur, the contractor shall submit these panel evaluation summaries to the designated SRA prior to leaving the panel meeting. ------- Peer Review Handbook Page D-3 Before the contractor shall be allowed to participate in the review process, the contractor shall have disclosed any actual or potential conflicts of interest and shall have signed and submitted to NCERQA a Conflict of Interest/Confidentiality Form. The contractor is directed to assure that none of the conflicts disclosed are so direct and substantial as to rule out a particular reviewer. Upon receipt of an approved Purchase Order (PO), NCERQA will send the following items to the contractor: a) A copy of the Purchase Order or the Purchase Order number b) The applications assigned to the contractor c) For grants, a set of abstracts for all the applications being reviewed by the panel d) For persons reviewing grant applications, a copy of the pertinent section(s) of the solicitation package to provide background information; for persons reviewing fellowship applications, information on how to access the solicitation package on the Internet e) A sample evaluation form to help the contractor prepare an acceptable evaluation form for each assigned application f) A blank evaluation form for each assigned application and the criteria for completing the form and determining the overall rating g) A blank and sample invoice as well as instructions for completing and submitting the invoice to EPA h) Information on the points of contact for additional information (e.g., NCERQA's SRA) i) Logistics information on the location and time of the panel discussions NCERQA will transmit the above items under a cover letter. In this cover letter, NCERQA will provide additional details about each item, including (as needed) more specific instructions for the set of applications assigned to the reviewer. Each contractor shall be responsible for making his/her own travel reservations for hotel and transportation. 3) Reviewer Tasks a) Review the assigned applications using the guidance provided with NCERQA's evaluation form. b) Submit completed evaluation forms to the SRA designated in the cover letter immediately following the panel discussions for the applications assigned to the contractor. THE COMPLETED FORMS MUST BE TYPED, AND THE EVALUATION SUMMARY FOR EACH APPLICATION MUST SUPPORT AND BE CONSISTENT WITH THE OVERALL RATING THAT IS ASSIGNED BY THE CONTRACTOR. IN SITUATIONS ------- Page D-4 Peer Review Handbook WHERE THESE CONDITIONS ARE NOT MET, THE SRA WILL ASK THE CONTRACTOR TO REDO THE FORM. c) For those applications for which the contractor is serving as the panel's rapporteur, submit a completed panel evaluation summary to the SRA designated in the cover letter prior to leaving the panel meeting THE PANEL'S EVALUATION SUMMARY MUST BE TYPED (ON-SITE TYPING SUPPORT WILL BE PROVIDED BY NCERQA) AND BE CONSISTENT WITH THE PANEL'S OVERALL RATING. IN SITUATIONS WHERE THESE CONDITIONS ARE NOT MET, THE SRA WILL ASK THE CONTRACTOR TO REDO THE FORM. d) Make own airline and hotel accommodations for participation in the panel review meeting. Round-trip air fare must be a commercial REFUNDABLE ticket. ------- Peer Review Handbook Page D-5 STATEMENT OF WORK - EXAMPLE 2 - Peer Review of Prioritization Tool Report Work Assignment No.: Title: Peer Review of Prioritization Tool Report Work Assignment Manager (WAM): Name: John Q. Government Employee Address: Office of Solid Waste Phone No.: (202) 260-XXXX Background: The Waste Minimization Branch (WMB) in the Office of Solid Waste (OSW) is in the process of implementing the Waste Minimization National Plan, announced by the Agency on November 18, 1994. The Plan reaffirms the Agency's commitment to promote source reduction over waste management, in keeping with the policy stated in the 1984 amendments to the Resource, Conservation, and Recovery Act (RCRA) and in the 1990 Pollution Prevention Act (PPA). The Plan outlines major goals, objectives, and action items to achieve national reductions in the generation of hazardous wastes. One of the objectives of the Plan is to: "develop a framework for setting national priorities; develop and distribute a flexible screening tool for identifying priorities at individual facilities; [and] identify constituents of concern." This objective is a key building block in implementing subsequent objectives of the Plan. In September 1995, WMB formed the Waste Minimization Prioritization Team, which includes representatives from EPA regions and states, to implement this objective. The Team has worked to assess stakeholder needs for prioritization tools and to evaluate prioritization tools that are currently available. The Team plans to summarize this work, along with its recommendations, in a report (referred to herein as the Prioritization Tool report) that would be available in draft form in July 1996. WMB and the Team wish to obtain independent peer review of the Prioritization Tool report prior to briefing EPA management. The report is being prepared with the support of ICF, Inc.; therefore, for the peer review to be considered independent, it must be performed by another contractor. ------- Page D-6 Peer Review Handbook Purpose and Scope of Work: The purpose of this work assignment is to provide support to WMB and the Team in finalizing the Prioritization Tool report by conducting an independent peer review of the report. Work Statement: Task 1 -Management work plan and budget Within 15 days of CO approval of this work assignment, the contractor shall deliver a management work plan including a proposed level of effort, schedule, and budget for all tasks. Task 2 -Provide independent peer review of Prioritization Tool report The contractor shall provide support to WMB and the Team in preparing the Prioritization Tool report by performing an independent peer review of the report. The contractor shall establish a panel of peer reviewers including three senior-level persons who collectively have extensive expertise in particular areas to be identified by the WAM upon approval of the work assignment. Within three weeks of work assignment approval, receipt from the WAM of the necessary qualifications of peer reviewers (in a TD), and receipt from the WAM of the peer review "charge" (in a TD), whichever comes latest, the contractor shall identify the three peer reviewers and prepare a memo that lists the names of the peer reviewers and their affiliations and includes the peer reviewers' bio's. Within five weeks of WAM approval of the of the peer reviewers (via a TD) and receipt of the draft Prioritization Tool report from the WAM (via a TD), whichever comes later, the contractor shall conduct the peer review, assemble the peer review comments and recommendations in a peer review report organized by charge question, prepare an introduction to the peer review report with a clear and concise overview of the comments, and attach to the peer review report any marginal comments the peer reviewers had on the Prioritization Tool report. It is not necessary that the peer reviewers jointly reach consensus on their findings and recommendations, since there may be limited overlap in the peer reviewers' areas of expertise and in the charge questions that they focus on. The contractor shall assume, for the purpose of estimating costs, that the draft Prioritization Tool report is roughly 100 pages in length with 200 pages of appendices, and that each peer reviewer will spend 40 hours in reviewing the report and writing comments. EPA plans to provide the report to the contractor in mid-July. ------- Peer Review Handbook Page D-7 Deliverables and Schedule: Task 1 2 3 Deliverable Work plan and budget Memo identifying peer reviewers Peer review report Schedule Within 1 5 days of CO approval of work assignment Within 3 weeks of work assignment approval, receipt of peer reviewer qualifications from WAM, and receipt of charge from WAM, whichever comes latest Within five weeks of WAM approval of peer reviewers and receipt of draft Prior itization Tool report from WAM, whichever comes later Other Requirements: CONTRACTOR COMMUNICATIONS Upon approval of the Work Plan, the contractor shall maintain at least weekly communications with the Work Assignment Manager regarding the status of work on the Work Assignment. CONFLICT OF INTEREST The contractor must adhere to the following requirements: 1) Upon receipt of a Work Assignment, QRT, or similar tasking document, and prior to commencement of any work, notify both the CO and PO of any actual or potential organizational or personal conflicts of interest. 2) Provide a written certification, within 20 days of receipt of a Work Assignment, QRT, or similar tasking document, that: a) Either all actual or potential organizational conflicts of interest have been reported to the CO or that no actual or potential organizational conflicts of interest exist. The contractor is directed to assure that none of the conflicts disclosed are so direct and substantial as to rule out a particular reviewer. b) All personnel who perform work under this Work Assignment or relating to this Work Assignment have been informed of their obligation to report personal and organizational conflicts of interest to the CO. ------- Page D-8 Peer Review Handbook c) The Contractor recognizes its continuing obligation to identify and report any actual or potential conflicts of interest arising during performance of this Work Assignment. 3) If an actual or potential organizational conflict of interest is identified during performance under this Work Assignment, the Contractor shall immediately make a full disclosure in writing to the CO. The disclosure shall include a description of action which the Contractor has taken or proposes to take, after consultation with the CO, to avoid, mitigate, or neutralize the actual or potential conflict of interest. EXPENDITURE OF FUNDS/HOURS In addition to the requirements of the contract, the contractor shall notify both the Project Officer and the Work Assignment Manager when 75% of funds or hours for this Work Assignment have been expended. INFORMATION COLLECTION Any other provision of this Work Assignment notwithstanding, the contractor shall not proceed with any information collection where the same or similar information will be collected from ten or more public respondents until written approval is received from the Contracting Officer. This approval will cite an approval number from the Office of Management and Budget as required by the Paperwork Reduction Act (PRA). Only Federal agencies and their employees are exempt from the PRA definition of "public respondent." State agencies and their employees are classified as "public respondents." Soliciting similar information applies to any collection method, i.e., written, oral, electronic, etc., and utilizing any approach, i.e., surveys, phone calls, focus groups, TQM, etc. The PRA applies equally to "willing participants" and participation that is mandated by law. Any question of applicability of the PRA shall be resolved by submitting a complete description of the circumstances in a written request to the Contracting Officer. No collection shall be undertaken until the Contracting Officer provides written notice to the Contractor as to the applicability of the PRA. If the PRA is determined to be applicable, the Contractor shall not initiate any collection until the requisite approval is received. The General Services Administration (GSA), under FIRMR Bulletin B-2 administers the Interagency Reports Management Program as derived from 44 U.S.C. Chapters 29 and 31. All work performed under this Work Assignment involving federal interagency reporting must be done in full compliance with these GSA procedures. ------- Peer Review Handbook Page D-9 CONFIDENTIAL BUSINESS INFORMATION If this Work Assignment requires use of RCRA Confidential Business Information (CBI), the contract must specifically authorize the contractor to have access to RCRA CBI and the contractor shall abide by all RCRA CBI requirements and stipulations found in the RCRA CBI Security Manual and in the contract. The contractor shall identify in the Work Plan budget all estimated costs for dealing with CBI requirements. All CBI must be returned to EPA as soon as it is no longer needed under this Work Assignment or before the expiration of the Work Assignment, whichever occurs first. PRINTING AND DUPLICATION The contractor is prohibited from performing any printing under the Government Printing and Binding Regulations. Duplication is allowed to the extent it does not exceed 5,000 impressions of a single-page document or 25,000 impressions of a multiple-page stand-alone document, is limited to one color (black) copies, and does not exceed the maximum image size of 10 3/4 by 14 1/4 inches. For all duplication jobs in excess of 5,000 impressions, the EPA WAM will determine in advance if the work can be performed more cost effectively and under the job or time constraints at the EPA Print Shop. If the total number of photocopies for this Work Assignment exceeds 5,000 impressions, the contractor shall identify in their Work Plan the photocopying costs by task and deliverable. WORK ASSIGNMENT/WORK PLAN BUDGETS The contractor shall not exceed either the dollar or PL hour budget contained in the approved Work Plan. In addition, on Quick Response Tasks (QRTs) the contractor shall not exceed the PL hour budget of the QRT. TECHNICAL DIRECTION The Designated Work Assignment Manager (WAM) on this Work Assignment is authorized to provide technical direction to the extent allowed under EPAAR (1552.237-71) (APR 1984) (DEVIATION). Other than the Designated WAM, only the Project Officer and the Contracting Officer are authorized to provide technical direction. Technical direction includes: (1) Direction to the contractor which assists the contractor in accomplishing the Statement of Work (2) Comments on and approval/acceptance of reports or other deliverables ------- Page D-10 Peer Review Handbook Technical direction must be within the contract and the Work Assignment statement of work. The Project Officer and the WAM do not have the authority to issue technical direction which (1) institutes additional work outside the scope of either the contract or this Work Assignment; (2) constitutes a change as defined in the "Changes" clause; (3) causes an increase or decrease in the estimated cost of the contract or Work Assignment; (4) alters the period of performance or deliverable due dates; or (5) changes any of the other express terms or conditions of the contract or Work Assignment. Technical direction will be issued in writing or confirmed in writing within five (5) calendar days after verbal issuance. The technical direction memorandum will be provided to the contractor and copies will be forwarded to the Contracting Officer and the Project Officer. If the contractor has not received written confirmation within five (5) calendar days of a oral issuance, the contractor must so notify the Project Officer. INHERENTLY GOVERNMENTAL FUNCTIONS The contractor shall not perform any inherently governmental functions (IGF) under this Work Assignment. If during the course of developing the plan of work, through receipt of technical direction, or in carrying out the assignment any portion of the effort is considered to possibly be an inherently governmental function, the contractor must immediately notify the Project Officer and the Contracting Officer. OCCUPATIONAL HEALTH AND SAFETY Facility site visits conducted under a Work Assignment that include on-site inspections or sampling must be conducted in full compliance with the Department of Labor, Occupational Safety, and Health Administration rules under 29 CFR Part 1910 and EPA Order 1440 (Occupational Health and Safety Manual). TRAVEL COSTS The contractor shall follow the requirements of Subpart 31.2 of the FAR and the Federal regulations in incurring allowable travel costs under this Work Assignment, and correspondingly must at all times seek and obtain Government rates whenever available and observe current subsistence ceilings. QUICK RESPONSE TASKS Each Quick Response Task (QRT) shall be confirmed in writing and approved by the Project Officer. The contractor shall respond by letter to the PO with copies to the WAM and the ------- Peer Review Handbook Page D-ll CO within two working days, giving a brief description of the plan of work, including best estimate of hours (by P-level) and a break-out of costs to accomplish the task. No task shall exceed a duration of 30 calendar days from start date to completion date. The level of effort for each task shall be limited to a maximum of 250 labor hours. Quick Response Task Requests do not change the dollar or professional labor hour budgets of a Work Assignment. ------- Page D-12 Peer Review Handbook STATEMENT OF WORK - EXAMPLE 3 - External Peer Review of Protozoa Method Development Criteria Document Period of Performance: Work Plan Approval to August 1, 1997 Work Assignment Manager: Sally Q. Government Employee Office of Water U.S. Environmental Protection Agency LOE: 196 hours SOW: 2.4 BACKGROUND INFORMATION: The United States Environmental Protection Agency (EPA), Office of Water is charged with protecting public health and the environment from adverse exposure to chemicals and microbials in water media, such as ambient and drinking waters, wastewater/sewage sludge and sediments. In support of this mission OW's Office of Science and Technology (OST) develops health standards, health criteria, health advisories, and technical guidance documents for water and water-related media. Under this work assignment, documents prepared by OST are to undergo peer review. Peer review is an important component of the scientific process. It provides a focused, objective evaluation of a research proposal, publication, risk assessment, health advisory, guidance or other document submitted for review. The criticism, suggestions and new ideas provided by the peer reviewers stimulate creative thought, strengthens the reviewed document and confer credibility on the product. Comprehensive, objective peer reviews leads to good science and product acceptance within the scientific community. Under this work assignment, the contractor will receive one document (Protozoa Method Development Criteria Document) for peer review which is related to human health and ecological effects. STATEMENT OF WORK: Task 1. The contractor shall develop a work plan to address all tasks in this work assignment. The work plan shall describe the steps that will be taken by the contractor to provide for peer review, including selection of peer reviewer candidates with appropriate expertise, determining absence of conflict of interest, document and reference distribution, establishing schedules, preparing the peer review report, and submittal of the peer review package. Curriculum vitae for all ------- Peer Review Handbook Page D-13 persons assigned to complete this work assignment shall be provided. All P levels, hours and total costs for each task will be provided and costs greater than $100.00 shall be itemized in detail. Task 2. The contractor shall select a group of peer reviewers and determine their availability for the task and absence of conflict of interest, and establish a schedule for the peer review. The contractor is directed to assure that none of the conflicts disclosed are so direct and substantial as to rule out a particular reviewer. Three peer reviewers shall participate in the review. No single peer reviewer may charge more than 40 hours to this task. It is fully acceptable for peer reviewers to commit to less than 40 hours. The peer review will be conducted for the Protozoa Method Development Criteria Document. Reviewers selected by and working for the contractor shall be approved by the EPA Project Officer in writing prior to their beginning work. Minimally, all peer reviewers shall be accomplished in protozoan methods for sample recovery and analysis from water. Approval submissions shall include the reviewers' names and curriculum vitae. Task 3. The contractor shall arrange for the selected peer reviewers to review the EPA document. Prepare the charge to the peer reviewers based on technical direction received from the EPA WAM. Provide the peer reviewers with copies of the candidate report and all relevant references and instruct the selected peer reviewers to undertake the review. The WAM will provide the contractor with the final version of the document to be reviewed. Task 4. The contractor shall monitor peer reviewers' progress to assure timely completion. The contractor shall collate peer review comments, and organize the comments in the peer review "for comments" document. Provide the peer review document and all materials submitted by the peer reviewers to the EPA WAM. SCHEDULE AND DELIVERABLES: Task 1. (Work Plan) 15 days after receipt of work assignment Task 2. 1 week after work plan approval Task 3. 1 week after selection of peer reviewers Task 4. 1 week after receiving comments from the peer reviewers TRAVEL: No travel is anticipated under this work assignment. Any travel directly chargeable to this work assignment must be submitted and approved by the project officer. ------- Page D-14 Peer Review Handbook THIS PAGE LEFT INTENTIONALLY BLANK ------- Peer Review Handbook Page E-l APPENDIX E References Concerning Peer Review American Chemical Society and the Conservation Foundation (1985) Issues in Peer Review of the Scientific Basis for Regulatory Decisions., Washington, DC, November 1985. Browner, C. (1994) Peer Review Program, Washington, DC, Memorandum issued June 7, 1994. (NOTE: Attached as Appendix A to this Handbook) Chubin, D. (1994) Grants peer review in theory and practice, Evaluation Review 18: 20-30. Chubin, D. and E. Hackett (1990) Peerless Science: Peer Review and Science Policy, Albany, NY: State University of New York Press. Jasanoff, S. (1990) The Fifth Branch: Science Advisors as Policymakers, Cambridge, MA: Harvard University Press. Kostoff, R. (1996) Peer Review in Selected Federal Agencies, presented at AAAS Annual Meeting, Baltimore, MD, February 9, 1996. National Environmental Policy Institute (1996) Enhancing the Integrity and Transparency of Science in the Regulatory Process, Washington, DC: National Environmental Policy Institute, Fall 1996. National Research Council (1995) Interim Report of the Committee on Research and Peer Review in EPA, Washington, DC: National Academy Press, March 1995. Reilly, W. (1993) Peer-review Policy, Washington, DC, Memorandum issued January 19, 1993. Science Advisory Board (1992) Safeguarding the Future: Credible Science, Credible Decisions, Washington, DC, SAB Report issued March 1992. Spitzer, H. (1995) Peer Review Practices in the Federal Government, Bethesda, MD: Environmental Network, report prepared for the American Industrial Health Council, April 26, 1995) ------- Page E-2 Peer Review Handbook U.S. General Accounting Office (1994) Peer Review: EPA Needs Implementation Procedures and Additional Controls, GAO/RCED-94-89, Washington, DC: U.S. Government Printing Office, February 1994. U.S. General Accounting Office (1996) Peer Review: EPA 's Implementation Remains Uneven, GAO/RCED-96-236, Washington, DC: U.S. Government Printing Office, September 1996. ------- Peer Review Handbook Notes and Comments ------- Peer Review Handbook Notes and Comments ------- Peer Review Handbook Notes and Comments ------- Peer Review Handbook Notes and Comments ------- |