[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: [email protected].
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: ``http://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 ``http://
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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