Regulatory Reinvention (XL) Pilot Projects

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6362-1]

Regulatory Reinvention (XL) Pilot Projects

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; announcement of availability of the proposed final

project XL agreement for the Atlantic Steel Redevelopment.

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SUMMARY: EPA is requesting comments on a proposed Final Project XL

Agreement for the Atlantic Steel XL Project. The Final Project

Agreement is a voluntary agreement developed collaboratively by

Atlantis 16th, L.L.C., stakeholders, and EPA. Project XL, announced in

the Federal Register on May 23, 1995 (60 FR 27282), gives regulated

entities the flexibility to develop alternative strategies that will

replace or modify specific regulatory requirements on the condition

that the alternative strategy will produce greater environmental

benefits. EPA has set a goal of implementing a total of fifty XL

projects undertaken in full partnership with the states.

DATES: The period for submission of comments ends on July 19, 1999.

ADDRESSES: All comments on the draft Final Project Agreement should be

sent to: Michelle Glenn, U.S. EPA, Region IV, 61 Forsyth Street,

Atlanta, GA 30303, or Tim Torma, U.S. EPA, Office of Reinvention

(1802), 401 M Street, SW, Room 1025WT, Washington, DC 20460. Comments

may also be faxed to Ms. Glenn at (404) 562-8628 or Mr. Torma at (202)

401-6637. Comments will also be received via electronic mail sent to:

[email protected] or [email protected].

FOR FURTHER INFORMATION CONTACT: The proposed Final Project Agreement

and related documents are available via the Internet at the following

location: ``http://www.epa.gov/ProjectXL''. The Agreement and related

documents may also be obtained by contacting: Michelle Glenn, U.S. EPA,

Region IV, 61 Forsyth Street, Atlanta, GA 30303, or Tim Torma, U.S.

EPA, Office of Reinvention (1802), 401 M Street, SW, Room 1025WT,

Washington, DC 20460. In addition, public files on the Project are

located at EPA's Region IV in Atlanta. Questions to EPA regarding the

documents can be directed to Michelle Glenn at (404) 562-8674 or Tim

Torma at (202) 260-5180. To be included on the Atlantic Steel Project

XL mailing list to receive XL progress reports and other mailings from

the project sponsor, contact: Brian Leary, CRB Realty Associates, P.O.

Box 2246, Duluth, GA 30096. Mr. Leary can be reached by telephone at

(770) 622-7797. For information on all other aspects of Project XL

contact Christopher Knopes at the following address: Office of

Reinvention (1802), United States Environmental Protection Agency, Room

1029, 401 M Street, SW, Washington, DC 20460. Additional information on

Project XL, other EPA policy documents related to Project XL, regional

XL contacts, application information, and descriptions of existing XL

projects and proposals, is available via the Internet at ``http://

www.epa.gov/ProjectXL''.

SUPPLEMENTARY INFORMATION: The U.S. Environmental Protection Agency

(EPA), with the cooperation of State and local authorities, has

initiated Project XL to work with interested companies to develop

innovative approaches for addressing environmental issues. Project XL

encourages companies and communities to come forward with new

approaches that have the potential to advance environmental goals more

effectively and efficiently than have been achieved using traditional

regulatory tools.

Atlantis 16th, L.L.C. (hereafter referred to as Jacoby), a

developer in Atlanta, GA has proposed redevelopment of a 138-acre site

currently owned by Atlantic Steel near Atlanta's central business

district. The proposed development is a mix of residential and business

uses. Project plans include a multi-modal (cars, pedestrians, bicycles,

transit linkage) bridge that would cross and provide access ramps to I-

75/85 as well as connecting the site to a nearby MARTA (the

Metropolitan Atlanta Rapid Transit Authority) rapid rail mass transit

station. Jacoby has worked intensively with representatives of EPA, the

State of Georgia, the City of Atlanta, other local authorities, and

public stakeholders to develop a site-specific Project XL Agreement

that will allow implementation of the redevelopment.

What is the Final Project Agreement?

The Final Project Agreement spells out the intentions of Jacoby and

EPA related to development and implementation of this project. Due to

the complexity of the project and the numerous processes and analyses

necessary to implement it, EPA and Jacoby adopted a two-phased approach

to the Project XL Agreement. The Phase 1 Project Agreement was made

available for public comment on February 24, 1999 and was signed by EPA

and Jacoby on April 15, 1999. This Final Project XL Agreement

supersedes the Phase 1 Agreement. The Final Agreement incorporates

information and agreements from the Phase 1 Agreement to the extent

they remain current and in effect. EPA and Jacoby do not anticipate

making substantive changes to aspects of the project which were agreed

upon in the Phase 1 Agreement. Commentors on the Final Project

Agreement are encouraged to focus on new information which was not

included in the Phase 1 Agreement.

Like all Project XL Agreements, the Final Project Agreement itself

is not legally binding--legally enforceable commitments described in

the Agreement will be contained in separate legal documents such as the

State

[[Page 32494]]

Implementation Plan and approved Remediation Plan.

Why Is Project XL Necessary?

The project site currently suffers from poor accessibility due to

the lack of a linkage to and across I-75/85 to midtown and to the

existing MARTA transit system in Atlanta. Construction of an

interchange and multi-modal bridge across I-75/85 at 17th Street would

improve access to the site. The bridge would also serve as a vital

linkage between the Atlantic Steel redevelopment and the MARTA Arts

Center station. In addition, construction of the 17th Street bridge was

one of the City of Atlanta's zoning requirements for the project.

Jacoby is participating in Project XL for the Atlantic Steel

redevelopment because neither the 17th Street bridge nor the associated

I-75/85 access ramps would be able to proceed without the regulatory

flexibility being allowed by EPA under this Project. Atlanta is

currently out of compliance with federal air quality conformity

requirements because it has failed to demonstrate that its

transportation activities will not exacerbate existing air quality

problems or create new air quality problems in the region. The Clean

Air Act (CAA) generally prohibits construction of new transportation

projects that use federal funds or require federal approval in areas

where compliance with conformity requirements has lapsed. However,

projects which are approved as transportation control measures (TCMs)

in a state's air quality plan can proceed--even during a conformity

lapse. EPA approves state air quality plans, including TCMs contained

in the plans.

What Flexibility Is EPA Granting?

The flexibility Jacoby is seeking through Project XL is to regard

the entire brownfield redevelopment project, including the 17th Street

bridge, as a TCM. The flexibility under Project XL is necessary because

the redevelopment likely would not qualify as a TCM in the traditional

sense. Under the Clean Air Act, a ``transportation control measure''

must actually be a measure--an activity undertaken, a transportation

project built, a program implemented. There are two components to the

flexibility.

(1) The first part of the flexibility is to consider the entire

Atlantic Steel redevelopment to be a TCM. That is, EPA would view

Atlantic Steel's location, transit linkage, site design, and other

transportation elements (e.g., provisions for bicyclists; participation

in a transportation management association) together as the TCM. Under

the Clean Air Act, a project must demonstrate an air quality benefit to

be considered a TCM. The Clean Air Act lists several types of projects

that can be TCMs but its language does not limit TCMs to the measures

listed.

(2) The second aspect of the flexibility sought under Project XL

concerns use of an innovative approach to measuring the air quality

benefit of the Atlantic Steel redevelopment. EPA will measure Atlantic

Steel's air quality benefit relative to an equivalent amount of

development at other likely sites in the region. This type of

comparison is available only to this particular redevelopment through

the Project XL process. The entire Atlantic Steel redevelopment would

attract new automobile trips and result in new emissions. Therefore,

redevelopment of the site when considered in isolation would not

qualify as a TCM in the traditional sense. EPA believes, however, that

the Atlanta region will continue to grow, and that redevelopment of the

Atlantic Steel site will produce fewer air pollution emissions than an

equivalent quantity of development at other likely sites in the region.

Why Is This Flexibility Appropriate?

EPA believes the flexibility described above is appropriate for

this project because of the combination of unique elements of the site

and the redevelopment listed below. In the absence of these elements,

EPA would be unlikely to approve new transportation projects during a

conformity lapse.

(1) The site is a brownfield. An accelerated clean-up of the site

will occur if this XL Project is implemented. The clean-up and

redevelopment of the former industrial site aligns with EPA's general

efforts to encourage clean-up and reuse of urban brownfields. The

likely alternative would be an underdeveloped, underused industrial

parcel in the middle of midtown Atlanta.

(2) The site has a regionally central, urban location. Redeveloping

this property will result in a shift of growth to midtown Atlanta from

the outer reaches of the metropolitan area. Because of the site's

central location, people taking trips to and from the site will be

driving shorter average distances than those taking trips to and from a

development on the edge of the city. Shorter driving distances will

result in fewer emissions.

(3) The redevelopment plans include a linkage to MARTA. This

linkage would make it possible for those who work at the site to

commute without a car and would serve residents of Atlantic Steel as

well as residents of surrounding neighborhoods. In addition, the

transit link is valuable for those coming to the site for non-work

purposes, such as dining, shopping, and entertainment.

(4) The redevelopment plan incorporates many ``smart growth'' site

design principles. These principles include features which promote

pedestrian and transit access rather than exclusive reliance on the

car. The redevelopment will avoid creating areas that are abandoned and

unsafe in the evening, hotels and offices will be within walking

distance of shops and restaurants, shops that serve local needs will be

within walking distance of both the Atlantic Steel site and the

adjacent neighborhoods, and wide sidewalks will encourage walking and

retail use. Jacoby has also responded to the adjacent neighborhood's

request for public parks, designating public space to central locations

rather than relegating it to the edge.

(5) The redevelopment incorporates many elements that could qualify

as TCMs by themselves. In addition to the linkage to mass transit, the

redevelopment will participate in a transportation management

association (TMA). The TMA may participate with the City of Atlanta and

Jacoby in monitoring the transportation performance of the

redevelopment by collecting travel-related data annually.

With the exception of the site's accelerated clean-up, all of these

elements will have an impact on transportation decisions of people who

begin and/or end trips in the Atlantic Steel site. The combination of

the site's location in a central urban area, connection to the existing

transit system, design that promotes pedestrian access, participation

in a TMA, and provision of bicycle and pedestrian conveniences are

expected to work together to reduce growth in auto traffic in the

Atlanta region. The redevelopment could demonstrate that the

application of smart growth concepts can make a difference in travel

patterns, even in Atlanta--where people drive more per capita than any

other city in the country. Therefore, EPA intends to use regulatory

flexibility under Project XL to approve the redevelopment and its

associated transportation projects as a TCM.

[[Page 32495]]

Dated: May 28, 1999.

Lisa Lund,

Deputy Associate Administrator for Reinvention Programs, Office of

Reinvention.

[FR Doc. 99-15437 Filed 6-16-99; 8:45 am]

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