Project XL

To: Al Morris, EPA Reg. III

Re: Lucent/Project XL-Memorandum of Understanding

I have reviewed your latest proposed language for our MOU. I am glad we have reached agreement on the revisions to Section D.13. I have attached another copy of that section, as I most recently proposed it to you (with my 2/17 memo to you), just to be clear that we are talking from the same draft.
With regard to Paragraph I (Information Management), we still have to reach agreement on language that makes clear that there will be mutually agreeable information-sharing provisions in the FPA as a prerequisite to any on-going role for EPA in our EMS (as now referenced in Section D.13). It doesn't need to be complicated, but it does need to say at least that,
We are not comfortable with the new language you proposed. My understanding from our conversation on Wednesday (2/19) was that we thought just taking out "these or other" before "information-sharing provisions" in the second sentence could satisfy both our needs at this point. I would prefer to stick to that suggestion. Referencing the Environmental Leadership Program "as a basis" for discussion of this issue in the MOU for this XL Project is not acceptable. Actually, an accurate description of our conversations on this issue would be to use the IPA as our basis, but with an agreement to renegotiate the two provisions in the IPA with which EPA is no longer comfortable.
I have attached the most recent version of Paragraph 1, keeping our first sentence (you referenced an old version of that sentence which left out the ELI agreement), and then revising the second sentence as we discussed. I believe this accomplishes what we need most directly, without complicating the discussion any more than absolutely necessary. Our only other option is to go back to the original MOU we proposed, which references no on-going role for the Agency in our EMS. That would be unfortunate, given how far we've come and given the role the States and Eli will be playing. Let's not let this discussion take us farther away, rather than closer to, consensus about the role the agency can have in our EMS, as that could undermine the forward momentum on our demonstration projects.

Please give me a call on Monday to discuss this if you're available.

Cc: Project XL Partnership
Environmental & Safety Law Group
131 Morristown Rd., Rm. B2180
Basking Ridge, NJ 97920
phone: (908) 630-2810
fax: (908) 204-8565