Merck & Co., Inc.
Letter from George Frampton to Richard Wilson
October 17, 1996
Mr. Richard D. Wilson
Deputy Assistant Administrator
U.S. Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Dear Mr. Wilson:
Thank you for your letter dated October 16, 1996, confirming our recent
discussions regarding the Merck XL project. As your letter substantiates,
our discussions were very helpful in producing the clarifications and
understandings necessary for the Department of the Interior to determine
its support for this project. We can now declare our support for the
Merck XL project, and we stand ready to help in expediting the final
documents. We commend all the parties for their hard work on this innovative
and promising experiment in promoting excellence and leadership in environmental
protection.
We are eager to begin work with you as soon as possible concerning the
rulemaking to require State Implementation Plans to prevent significant
deterioration of air quality by adopting mitigation measures to address
adverse impacts on air quality related values in Class I areas. We appreciate
Merck's support of this rulemaking approach. Representatives from diverse
interests -- the private sector, government, public interest groups
-- have touted the substantial advantages inherent in such an expanded
approach to remedying documented harm to national park and wilderness
area resources. Particularly with respect to multiple-source or regional
pollution, this rulemaking should enhance the fairness, cost-effectiveness,
and efficiency of solutions to problems that today jeopardize our stewardship
of the national resources designed for the highest level of environmental
protection and for the enjoyment of present and future generations.
Our recent discussions about the XL and PSD air quality programs have
suggested the basis for further sharing of ideas concerning the innovations
each of our agencies is pursuing under our respective regulatory authorities.
As you know, the Department of the Interior is working with many different
kinds of partners and stakeholder groups to fashion experiments under
the Endangered Species Act and other statutory authorities for achieving
superior resource management and habitat protection throughout the country.
These programs of EPA and the Department of the Interior exemplify the
Clinton Administration's efforts to maximize long-term environmental
protection while also maximizing sustainable economic productivity.
Based on the principles we have developed in Departmental programs,
we urge that EPA provide guidance to the regions concerning the case-by-case
determination of superior environmental benefits in XL projects. We
suggest that you include the following measures to assure that future
XL projects provide for the protection of the air quality related values
of national park and wilderness areas. (1) Projects should be based
on the best available science. (2) Since the lifetime of XL projects
might routinely extend beyond the typical regulatory term, it becomes
very important to provide for adequate monitoring of results and to
allow for the improvement of scientific understanding and the development
of technical capabilities over the lifetime of the project. (3) It becomes
equally important to provide the flexibility to adapt the project to
new information and better science and to correct unanticipated problems.
(4) As a backstop, project termination provisions should allow the permit
to be terminated based on significant problems (such as adverse impacts
on Class I resources) that are not corrected.
Thank you for all your efforts in addressing our concerns. Our work
together on the Merck XL project has laid the basis for exciting new
approaches to carrying out our shared responsibilities. We are anxious
to get started.
Sincerely,
George T. Frampton, Jr.
Assistant Secretary for Fish
and Wildlife and Parks