Regulatory Reinvention (XL) Pilot Projects

[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69759-69760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32380]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6508-6]


Regulatory Reinvention (XL) Pilot Projects

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of Louisville and Jefferson County 
Metropolitan Sewer District (MSD) Pretreatment Project XL Draft Phase I 
Project Agreement (PPA).

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SUMMARY: EPA is today requesting comments on a draft Project XL Phase I 
Project Agreement for MSD. The Phase I PA is a voluntary agreement 
developed collaboratively by MSD, stakeholders, the state of Kentucky, 
and EPA. Project XL, announced in the Federal Register on May 23, 1995 
(60 FR 27282), gives regulated sources the flexibility to develop 
alternative strategies that will replace or modify specific regulatory 
requirements on the condition that they produce greater environmental 
benefits than would have been achieved without the flexibility. This 
Phase 1 Project XL Agreement is the first phase of a two-part agreement 
between EPA and MSD. It spells out the intentions of MSD and EPA 
related to data collection and development of pretreatment performance 
measures and program redevelopment. Due to the phased approach of the 
project and the data collection and analyses that need to be 
accomplished by MSD prior to determination of any requested regulatory 
flexibility, EPA and MSD have adopted a phased approach to the Project 
XL Agreement. This Phase 1 Agreement contains as much detail as 
possible at this time regarding the project and the intentions of each 
party. The Final Project Agreement between EPA and MSD will be signed 
in the future to implement Pretreatment Program reinvention.
    MSD plans to redesign its pretreatment program at the Jeffersontown 
WWTP, establishing links between wastewater programs (such as 
collection system, storm water, sludge), and move towards a more 
holistic watershed protection strategy (Chenoweth Run watershed). 
Information gathering and sharing are important aspects of this 
proposal. Resources will be shifted from the pretreatment program and 
applied towards other environmental programs for greater environmental 
gain within the watershed. Before redesigning its pretreatment program, 
MSD will expend extensive resources collecting data in the watershed 
and developing performance measures. MSD's requested flexibility will 
be finalized once data is analyzed and performance measures identified. 
The Final Project Agreement will include details of MSD's requested 
flexibility and commensurate superior environmental performance. A 
notice of availability and request for comment on the Final Project 
Agreement will be published in the Federal Register at a later date.
    MSD has proposed this project for a watershed which is not 
currently meeting its use designation. In an effort to reduce pollutant 
loadings and reach use designation, MSD will identify desirable loading 
patterns within the watershed, including loadings to the collection 
system and treatment plants, stormwater facilities, and from plants and 
facilities to receiving waters. MSD plans to use pretreatment program 
requirement alternatives to encourage industry's aid in funding non-
traditional water quality controls such as creating riparian zones and 
planting trees.
    The current MSD XL proposal defers any request for Agency 
consideration of regulatory flexibility until the completion of data 
collection in the first phase of the project. Therefore MSD's Phase I 
Agreement describes a process to conduct data collection and 
development of pretreatment performance measures, program 
redevelopment, and program implementation. The proposal, and 
supplemental information provided to EPA, does set forth the following 
regulatory areas as potentially requiring regulatory flexibility in the 
next phases of the project: significant noncompliance; monitoring and 
inspections; reporting; and definition of significant industrial user 
(SIU). Upon the completion of the data gathering activities, EPA will 
work with MSD to develop and articulate more specifically the 
environmental benefits associated with the flexibility considered in 
MSD's proposal (e.g., pollution prevention measures or other 
environmental improvements). An FPA will be negotiated upon receipt of 
sufficient data for the Agency to evaluate the proposed SEP and 
associated regulatory flexibility. The site specific rulemaking setting 
forth the specific regulatory flexibility to be implemented will be 
developed and will ensure that the project will fully comply with 
applicable federal requirements under the Clean Water Act. 
Opportunities for public comment will be provided once the rule has 
been drafted.

DATES: The period for submission of comments ends on December 28, 1999.


[[Page 69760]]


ADDRESSES: All comments on the draft Final Project Agreement should be 
sent to: Melinda Greene, USEPA REGION 4, 61 Forsyth Street, S.W., 
Atlanta, GA 30303-8960. Comments may also be faxed to Ms. Greene at 
(404) 562-9728. Comments will also be received via electronic mail sent 
to: mallard.melinda@epa.gov.

FOR FURTHER INFORMATION CONTACT: To obtain a copy of the draft Phase I 
Project Agreement, contact: Melinda Greene, USEPA REGION 4, 61 Forsyth 
Street, S.W., Atlanta, GA 30303-8960. The document is also available 
via the Internet at the following location: ``https://www.epa.gov/
ProjectXL''. In addition, public files on the Project are located at 
EPA Region 4 in Atlanta. Questions to EPA regarding the documents can 
be directed to Melinda Greene at (404) 562-9771, or Chad Carbone at 
(202) 260-4296. Additional information on Project XL, including 
documents referenced in this notice, other EPA policy documents related 
to Project XL, application information, and descriptions of existing XL 
projects and proposals, is available via the Internet at ``https://
www.epa.gov/ProjectXL''.

    Dated: December 6, 1999.
Lisa Lund,
Deputy Associate Administrator for Reinvention Programs, Office of 
Reinvention.
[FR Doc. 99-32380 Filed 12-13-99; 8:45 am]
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