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New England Universities Laboratories

Final FPA

New England Academic Institutions
Final Project Agreement


11-24, 1998


I. Introduction

A. Project Signatories
B. Purpose of the XL Program
C. Purpose of this FPA

II. Description of the Project

A. Operations and Activities of XL Participants
B. Problem Description
C. Project Overview
D. Project Implementation
E. Project XL Regulatory Relief Being Requested

III. Project XL Acceptance Criteria

A. Environmental Results
B. Cost Savings and Paperwork Reduction
C. Stakeholder Involvement and Support
D. Innovative Multi-Media Pollution Prevention
E. Transferability
F. Feasibility
G. Monitoring, Reporting and Evaluation Methods
H. Avoidance of Shifting Risk Burden

IV. Performance Goals and Indicators

V. Enforceability

VI. Administration of the FPA

A. Withdrawal from the FPA
B. Modification of the FPA
C Duration of the Agreement
D Additional Signatories
E Public Participation
F Means of Giving Notice
G Dispute Resolution
H Termination
I Effect of Termination
J Periodic Review APPENDICES New England Academic Institutions Final Project Agreement 57
1. Laboratory Environmental Management Standard
2. Minimum Performance Criteria
3. UMass (Amherst) Treatment Approval Protocol
4. State Regulatory Exemptions
5. Stakeholder Records


1. XL Participant Information

2. Scope of XL Implementation

3. Laboratory XL Project Public Performance Reports

4. Environmental Goals and Indicators


A. Project Signatories The project signatories to this Final Project Agreement (FPA) are the U.S. Environmental Protection Agency (EPA), the Massachusetts Department of Environmental Protection (MADEP), the Vermont Department of Environmental Conservation (VTDEC), Boston College (BC), University of Massachusetts - Amherst (UMass - Amherst), University of Massachusetts - Boston (UMass - Boston) and the University of Vermont (UVM) collectively referred to hereinafter as the Project Signatories. The terms "Universities" and "XL Participants" refer to the academic institutions mentioned above.

B. Purpose of the XL Program This FPA states the intention of the Project Signatories to carry out a pilot project as part of EPA's "Project XL" program which tests innovative approaches to environmental protection. Project XL is an EPA initiative to test the extent to which regulatory flexibility, and other innovative environmental approaches, can be implemented to achieve both superior environmental performance and reduced economic and administrative burdens. (See 60 FR 27282).

C. Purpose of this FPA This FPA is a joint statement of the Project Signatories' plans and intentions with respect to the New England Laboratories XL Project (" Laboratory XL Project"). This FPA outlines the details of how the project will be implemented and measured and proposes the Environmental Management Standard upon which the regulatory flexibility will be based. This FPA accompanies a site-specific federal rule which is being published in a Federal Register notice and which fully outlines the specific legal mechanism for piloting the new environmental management system outlined in this FPA. The new system is made up of three key elements: a Laboratory Environmental Management Standard, Minimum Performance Criteria, and a set of Laboratory Environmental Management Plans. Under the proposed new system, each of the Universities would develop and implement a Laboratory Environmental Management Plan which would describe how the University will conform with all elements of the site-specific rule, including both the Laboratory Environmental Management Standard and the Minimum Performance Criteria.

The Laboratory XL Project proponents are the primary authors of this FPA. They include the Universities noted in paragraph I.A., above, with ML Strategies, Inc. as their consultant and facilitator for the project. The Laboratory XL Project is being reviewed and commented on by MADEP and VTDEC. EPA is both a reviewer of the project and author of the federal regulatory changes that would be required to implement the project. As the project proponents, the Universities and their consultant will provide project information and respond to requests for additional information and analysis.

This FPA sets forth the plans of the various signatories and represents the firm commitment of each signatory to support the XL process, the site-specific rulemakings and variance(s) and the development and implementation of Environmental Management Plans necessary to fully carry out this Laboratory XL Project. The FPA is not, however, intended to create legal rights or obligations and is not a contract, a final agency action or a regulatory action such as a permit or rule. This FPA does not give anyone a right to sue the Project Signatories for any alleged failure to implement its terms, either to compel implementation or to recover damages.

As described below in Section II.E., EPA has proposed a site-specific rule and EPA and the proponents will work with the MADEP and VTDEC to execute the necessary consent orders or rulemaking changes to implement the Laboratory XL Project at the state level. The Federal regulation and state orders and rulemakings will create legal rights and obligations. Any rules promulgated or issued to implement the Laboratory XL Project would be enforceable as provided herein and to the same extent as under applicable law.

The FPA does not waive, change or substitute the public participation requirements applicable to rules and permits. This FPA and materials relating to this project are available on the Project XL Web Site at https://www.epa.gov/projectxl. Click the icon below to download Adobe Acrobat in order to read the entire FPA that is available, also below, in pdf format. Click to download Adobe Acrobat PDF Reader Click the icon below to download the entire FPA.


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