Florida Department of Environmental Protection (FDEP)

Amendment to Proposal

JUNE 18, 1996

TO: MARY ANN FROEHLICH

FROM: MICHAEL PHILLIPS

SUBJECT: CONCEPTUAL AMENDMENT TO FLORIDA'S XL PROPOSAL

Amendment to include:

1) A Dual XL Program

a. An ongoing State "Common Sense Regulation" Program with no limit as to the number of proposals the FDEP could entertain - state rules and regulations only.

b. A pilot, 24 month program, limited to 6 proposals state-wide dealing with federal regulatory flexibility.

2) The selection process
Florida will retain control of the selection process. Florida will make selections independent of EPA. All proposals will be subject to the following "filters" or "screens" to be implemented by Florida prior to selection:

a. An environmental results filter. All proposals must be very clear as to the environmental results that will be accomplished in exchange for procedural flexibility. The lack of clear environmental results prior to selection has contributed toward the resource intensity issue surrounding most XL's today. Florida's program requires clear environmental results prior to approval. Lack of clear environmental benefits will initially result in deferral until results are identified. Continued lack of clarity will lead to denial.

b. A filter to clarify the flexibility being sought. An overview of the potential regulations that may be affected must be prepared. The lack of clear flexibility being sought has also been a downfall of XL to this point. Florida's program will require a clear description of procedural flexibility prior to approval. Lack of clear regulatory flexibility is ground for either deferral or rejection.

c. An enforcement filter. If an enforcement case associated with either the EPA or the Florida DEP is unresolved in that there has not been agreement as to the resolution of the case, then the applicant will not be able to move forward in the selection process.

d. Criteria filters. All criteria associated with the Federal EPA XL Program will be used in reviewing proposals. The criteria include 1) feasibility; 2) environmental benefits; 3) cost savings and paperwork reduction; 4) transferability; 5) stakeholder support; 6) monitoring, reporting and evaluation; 7) innovative multimedia prevention; and 8) shifting of risk burden.

Through use of the above "filters" or "screens," Florida will be able to streamline the process of Final Project Agreement negotiations. Clarity on two primary criteria - environmental benefits and specific regulatory flexibility - before proposal approval and agency commitment will significantly reduce the amount of time later to process an agreement. These two areas have been the stumbling blocks so far with XL proposals.

Once Florida has made a selection, and the proposal involves federal regulations, Florida will immediately send a package to Region IV to include the proposal, all applicant information, and clarity on environmental results and regulatory flexibility being sought. Region IV will be asked to participate, from the beginning, with the Final Project Agreement negotiations. EPA will be a signatory to all projects that include federal regulations.

Florida's XL program, dealing with state regulations only, (our on-going ecosystem management projects we have been doing for 3 years now) will not involve EPA. EPA will not be burdened with the review of state regulations and flexibility being sought from the state.

Florida Department of Environmental Protection (FDEP)

Local Navigation