Regulatory Reinvention (XL) Pilot Projects

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6235-3]

Regulatory Reinvention (XL) Pilot Projects

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of Atlantic Steel Project XL Draft Phase

1 Project Agreement and Related Documents.

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SUMMARY: EPA is requesting comments on a proposed Phase 1 Project XL

Agreement for the Atlantic Steel XL Project. The Phase 1 Project

Agreement is a voluntary agreement developed collaboratively by the

project sponsor, 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

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implementing a total of fifty XL projects undertaken in full

partnership with the states.

DATES: The period for submission of comments ends on March 10, 1999.

ADDRESSES: All comments on the draft Phase 1 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 Phase 1 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 information about future public meetings, 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 the 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'' and via an automated fax-on-demand menu at (202) 260-8590.

SUPPLEMENTARY INFORMATION: Atlantis 16th, L.L.C., a real estate

development partnership in Atlanta, GA which is managed by and

hereafter referred to as Jacoby Development Corporation or Jacoby, 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. An integral

component of the project is a multimodal (cars, pedestrians, bicycles,

transit linkage) bridge that would cross I-75/85 at 17th Street and

provide access ramps as well as connecting the site to a nearby

Metropolitan Atlanta Rapid Transit Authority (MARTA) station. EPA and

Jacoby believe that the multi-modal access provided by the bridge would

have a positive environmental impact, however, for reasons described

below, the bridge cannot be built without the flexibility provided by

this XL Project. Jacoby has worked intensively with representatives of

EPA, the State of Georgia, local authorities, and public stakeholders

to develop a site-specific Phase 1 Project XL Agreement that will allow

implementation of this redevelopment.

What is the Phase 1 Project XL Agreement?

Due to the complexity of the Atlantic Steel project and the

numerous processes and analyses necessary to implement it, EPA and

Jacoby have adopted a two-phased approach to the Project XL Agreement.

The Phase 1 XL Project Agreement being announced in this Notice is the

first phase of a two-part agreement between EPA and Jacoby. EPA and

Jacoby hope to sign a subsequent Final Project Agreement in May, 1999.

Today's Phase 1 Agreement spells out intentions of Jacoby and EPA

related to development and implementation of this project and describes

areas where further details are needed or additional discussions

between EPA, Jacoby and stakeholders will occur. Neither the Phase 1

Project Agreement nor the Final Project Agreement are legally binding.

Legally enforceable commitments described in the Agreement will be

contained in separate legal documents.

Background

The Atlanta metropolitan area is one of the fastest growing regions

in the country. This growth is expected to continue. In part due to its

rapid growth, Atlanta is currently out of compliance with federal air

quality conformity requirements. Being ``out of conformity'' means that

Atlanta 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 which are out of conformity.

However, projects which are expected to reduce air emissions, called

transportation control measures (TCMs), can proceed even during a

conformity lapse if they are approved in a state's air quality plan.

EPA is considering an innovative approach to approving the Atlantic

Steel redevelopment as a TCM and Jacoby is committing to attain

superior environmental performance as described below.

Improving multi-modal access to the Atlantic Steel site is

essential for completion of this XL Project as proposed by Jacoby.

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 link between the Atlantic Steel redevelopment and the

MARTA Arts Center station. 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 rail system. In addition,

construction of the 17th Street bridge was one of the City of Atlanta's

zoning requirements for the project.

What Flexibility is EPA Granting?

Because of the conformity lapse mentioned above, the proposed 17th

Street bridge and the associated I-75/85 access ramps would not be able

to proceed without the regulatory flexibility being allowed by EPA

under this Project. The flexibility Jacoby is seeking through Project

XL is to regard the entire redevelopment project, including the 17th

Street bridge, to be a TCM. The flexibility under Project XL is

necessary because the redevelopment likely would not qualify as a TCM

in the traditional sense. There are two components to the flexibility.

The first 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

Atlantic Steel redevelopment would incorporate many elements that could

be TCMs by themselves. Such elements include the linkage to transit,

the requirement that employers at the site will join or form a

transportation management association, restricted access of certain

areas of the site for pedestrian use, and paths for bicyclists and

pedestrians. EPA believes that the combination of these and other

aspects of the redevelopment will have a positive effect on reducing

emissions.

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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. When viewed in isolation,

the Atlantic Steel redevelopment would attract new automobile trips,

result in new emissions and would not qualify as a TCM in the

traditional sense. However, EPA believes 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 sites in the region. Therefore, 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.

Why Is This Flexibility Appropriate?

EPA believes the flexibility described above is appropriate for

this project because of the unique attributes of the site and the

redevelopment. EPA's intention to grant flexibility to this project is

a result of the superior environmental performance expected to result

from the combination of unique elements listed below. In the absence of

these elements, EPA would be unlikely to approve new transportation

projects during a conformity lapse.

First, the site is a ``brownfield.'' Brownfields are sites which

are contaminated from past uses and which must be remediated prior to

reuse. An accelerated clean-up of the site will occur if this XL

Project is implemented. The clean-up and redevelopment of this

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.

Second, 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 from a

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

in fewer emissions.

Third, 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.

Fourth, the site design incorporates many ``smart growth'' site

design principles. These principles include features which promote

pedestrian and transit access rather than exclusive reliance on the

car. Using these concepts, the redevelopment will avoid creating areas

that are abandoned and unsafe in the evening, hotels and offices will

be located within walking distance of shops and restaurants, shops that

serve local needs will be located within walking distance of both the

Atlantic Steel site and the adjacent neighborhoods, and wide sidewalks

will encourage walking and retail use.

Fifth, 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 will monitor the number and type

of vehicular trips and will create transportation management plans that

would be implemented if specified performance criteria are not met.

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

elements will have an impact on transportation decisions of people who

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

combination of the site's location and design elements are expected to

work together to reduce auto traffic in the Atlanta region. Therefore,

EPA intends to use regulatory flexibility under Project XL to seek

approval for the redevelopment and its associated transportation

projects to proceed as a TCM.

Dated: February 10, 1999.

Lisa Lund,

Deputy Associate Administrator for Reinvention Programs, Office of

Reinvention.

[FR Doc. 99-4581 Filed 2-23-99; 8:45 am]

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