[Federal Register Volume 64, Number 36 (Wednesday, February 24, 1999)]
[Notices]
[Pages 9143-9145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4581]


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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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