SEP A United States Environmental Protection Agency Policy, Planning, and Evaluation [Mail Code 2129] Recent Refinements To Project XL EPA231-F-97-002 April 1997 (http://www.epa.gov) WHAT IS PROJECT XL? PURPOSE OF EPA'S FEDERAL REGISTER NOTICE SUPERIOR ENVIRONMENTAL PERFORMANCE (SEP) Project XL is a national pilot program that tests innovative ways of achieving better and more cost-effective public health and environmental protection. Through site-specific agreements with project sponsors, EPA is gathering data and project experience that will help the Agency redesign current approaches to environmental and public health protection. Project sponsors - private facilities, industry sectors, Federal facilities, and communities - can implement their own innovative strategies that produce superior environmental performance, replace specific regulatory requirements, and promote greater accountability to stakeholders. Because the number of XL projects is limited to 50, it is vital that each project tests ideas with potential for wide application and environmental benefits. To date, three projects have been implemented and EPA has proposed approval of two more. EPA's April 1997 Federal Register Notice clarifies EPA's definition of three key elements of Project XL: 1) superior environmental performance; 2) regulatory flexibility; and 3) stakeholder involvement (further explained in the next section). The Notice also invites new Project XL proposals and describes some specific areas that EPA believes would be good subjects for those proposals. The Notice strongly encourages firms and established non- governmental organizations to join together as co-sponsors, developing XL projects together from the ground up. It also includes revisions to the XL process, placing greater emphasis on pre- proposal planning and communication with stakeholders, EPA's internal management of projects, and close partnership with States and tribes. EPA's method of determining whether an XL project will achieve superior environmental performance has two components: • The first estimates what would have happened to the environment absent the project; that estimate sets a baseline against which the project's anticipated environmental performance can be compared Page 1 ------- REGULATORY FLEXIBILITY STAKEHOLDER INVOLVEMENT STAKEHOLDER TRAINING AND TECHNICAL ASSISTANCE CONTACT FOR ELECTRONIC INFORMATION • Secondly, quantitative and qualitative measures are also considered in determining whether a project will produce a superior level of environmental performance that merits testing the proposed innovation Regulatory flexibility and its potential to reduce costs and improve the operating efficiency of facilities are the principal, but not only, reasons for firms to participate voluntarily in Project XL. EPA will aggressively offer flexibility to produce superior environmental performance and promote greater accountability to stakeholders. EPA, State, and tribal regulators have the tools under existing authority to provide appropriate flexibility from otherwise applicable regulatory requirements. These tools include alternative permits and waiver processes. Other tools may be identified on a case-by-case basis. In the Federal Register Notice, stakeholders are grouped into three categories, each with a distinct role in project development and implementation: • Direct participants: are involved in the day-to-day of negotiations; they influence the design and development of projects; their views strongly influence both the details of and EPA's ultimate decision to approve or not to approve the project • Commentors: EPA is influenced not only by direct stakeholders, but also by commentors who have an interest but do not directly participate in project development or approval • The general public: has clear access to information on development and environmental results of the project Local citizen and national interest group participation is welcome. Stakeholders who express a desire to participate and who understand the commitment involved generally should have the opportunity to do so. Project sponsors should provide any needed training on technical issues and collaborative processes. EPA will make its own expertise available, and the Agency encourages State and local agencies to do the same. EPA is committing to provide up to $25,000 per project for technical assistance needed by direct participant stakeholder groups when other resources are not available. Christopher Knopes (EPA/XL HQ): 202-260-9298 More information about Project XL is available on the Internet at http://www.epa.gov/ProjectXL, via Project XL's automated phone line at 202-260-2220, or via Project XL's Information Line at 703-934- 3239. Page 2 ------- |