Eastman Chemical
Letter from Jon Kessler to Wayne Scharber
UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
POLICY, PLANNING AND EVALUATION
Wayne K. Scharber
Deputy Commissioner for Environment
Tennessee Department of Environment and Conservation
L&C Tower, 21st Floor
401 Church Street
Nashville, Tennessee 37423
Dear Mr. Scharber:
Thank you for your letter supporting Eastman
Chemical Company's request to hold in abeyance their obligations under
a 1993 compliance order pending development and submittal of a Project
XL application for their Kingsport facility. After careful examination
of the specifics of this situation, EPA has decided not to pursue an XL
project at the Kingsport facility until such time as the facility has
fully satisfied the order and is meeting all applicable statutory and
regulatory requirements.
Like you, I am committed to aggressively seeking opportunities through
Project XL to test new methods and processes that produce superior environmental
performance. As explained in EPA's reply to Eastman (copy enclosed), however,
proceeding at this time with an XL project at Kingsport would serve neither
the Agency's nor Eastman's interests. Agency policy generally precludes
implementation of an XL project at a facility where there is an ongoing
enforcement action. The basic thrust of the Administrator's policy on
this point is to prevent the collision of enforcement actions an XL Projects.
Where, as here, the nature of the project would expressly undermine the
relief required to resolve an enforcement action, the argument for this
policy is most compelling.
I want to stress, however, that EPA is extremely interested in pursuing
XL-related activities with the Tennessee Department of Environment and
Conservation, and, in other circumstances, with Eastman Chemical. Several
attempts have been made to bring EPA and Tennessee DEC officials together
to discuss cooperation on the XL program in general. I would welcome an
opportunity to discuss these issues with you further.
Again, thank you for your interest in Project XL. If you have any questions,
please feel free to contact me directly at (202) 260-3761.
Sincerely,
Jon Kessler
Acting Director,
Emerging Sectors & Strategies Division
cc: Bill Patton, Region IV
John Fogarty, OECA
Harry Holliman, Eastman Chemical Co.