[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:
glenn.michelle@epa.gov or torma.tim@epa.gov.
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]
BILLING CODE 6560-50-P
