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Atlantic Steel
Atlantic Steel: Regulatory Reinvention (XL) Pilot Projects
U.S. ENVIRONMENTAL PROTECTION AGENCY
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.
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 implementing a total of
fifty XL projects undertaken in full partnership with the states.
INTRODUCTION: 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.
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.
DATES: The period for submission of comments ends on [Insert date
2 weeks from publication].
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: ``https://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 ``https://www.epa.gov/ProjectXL'' and via an automated fax-on-demand
menu at (202) 260-8590.
___________ ___________________________
Date Lisa Lund Deputy Associate Administrator
for Reinvention Programs
Office of Reinvention.