Professional Documents
Culture Documents
VerDate Aug<31>2005 16:54 May 12, 2006 Jkt 208001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1
Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices 28027
I. General Information certain types of Resource Conservation (ECOS) and the Environmental
and Recovery Act (RCRA) units. Protection Agency (EPA) collaborated
A. Does This Action Apply to Me? Additional information on Performance on three workgroups that sought to
Today’s notice applies to you if you Track, including up-to-date member improve the effectiveness and enhance
are interested in issues regarding information and program criteria, can be the value of the National Environmental
VerDate Aug<31>2005 16:54 May 12, 2006 Jkt 208001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1
28028 Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
Performance Track (Performance Track) Track and state performance-based necessary tool in encouraging
program, as well as similar state environmental programs. environmental performance beyond
performance-based environmental regulatory requirements, and not a tool
Background
programs. State and EPA representatives to roll-back or lower environmental
participated in workgroups which In 2004, the Environmental Council of compliance. They further recognize that
covered incentives, state integration, the States conducted a survey to integration of performance-based
and outreach and recruiting. determine the extent of state support for programs into the various planning,
Information about, and performance-based environmental budgeting, and accountability systems
recommendations from, the two programs. The information ECOS will facilitate their use. As such, we
workgroups on integration and gathered served as the basis for its recommend that EPA take the following
incentives were highlighted in an report issued in January 2005 (ECOS actions to support Performance Track
August 2005 Federal Register Notice (70 Report). The ECOS Report and/or state performance-based
FR 44921). The third workgroup on acknowledged wide state support for environmental programs:
outreach and recruiting, which met on such performance-based programs and A. Add specific language to the
an informal basis, also offered their important role in supplementing Agency’s ‘‘National Environmental
recommendations and these are traditional regulatory approaches to Performance Partnership System’’
achieve greater environmental (NEPPS) national guidance to encourage
included here as well. This document
protection and encourage facilities to go the inclusion of appropriate state-run
identifies the initial actions the
beyond compliance. The ECOS Report performance-based environmental
collective workgroups recommend for
also recommended that EPA take action programs in Performance Partnership
EPA and the states to take to work
in four areas: (1) Support state Agreements (PPAs), Performance
towards improved performance-based
environmental performance-based Partnership Grants (PPGs), and/or state-
programs. These recommendations are programs and state efforts to work with
intended to encourage environmental EPA workplans when and where such
Performance Track; (2) assure program programs are in keeping with Federal
performance beyond regulatory support from all EPA program offices;
requirements; no actions will be and State priorities and strategic goals.
(3) provide better incentives to For compliance-related activities, EPA
undertaken that could pose a threat to participants faster; and (4) conduct more
public health and the environment, or is engaged with the States in addressing
strategic marketing and education of where it may be appropriate to
in any way weaken existing performance-based environmental
environmental laws. recognize and/or provide resource
programs. flexibility for alternative approaches to
As an overarching measure, the Beginning in January 2005, two achieving compliance. [February–May
workgroups recommend that the ECOS ‘‘formal’’ workgroups (incentives and 2006]
President and EPA Administrator integration), comprised of state and EPA
express their support for the representatives, worked to develop B. Include text that supports
workgroups’ planned actions via some specific recommendations that will lead integration of Performance Track and
type of formal communication. More to the outcomes envisioned in areas 1 state performance-based program
specifically, this report recommends a through 3 in the ECOS Report. activities into EPA and State Agency
series of actions be taken that the Recommendations from a third planning documents; e.g., Strategic
workgroups believe will improve the ‘‘informal’’ workgroup addressing area 4 Plans, Regional Plans, and National
implementation of performance-based (marketing and education) began later Program Guidances. [FY 2006]
environmental programs, resulting in and also are included here. This Report C. Educate EPA NEPPS regional
greater protection to human health and focuses on the recommendations that coordinators and state performance-
the environment beyond those which the three workgroups propose initially based program contacts on ways to
can be achieved through traditional be taken to meet the goals cited by integrate performance-based
regulatory efforts alone. To ensure that ECOS. environmental programs into the EPA-
these recommendations are effectively EPA solicited public comment on the State planning and budgeting processes.
implemented, the performance-based activities and preliminary [FY 2006]
programs to which these recommendations of the incentives and • Conduct a workshop in Denver on
recommendations apply should be able integration workgroups in an August January 23, 2006, in conjunction with
to demonstrate measurable 2005 Federal Register Notice, (70 FR the Innovations Symposium.
environmental results, include a process 44921). In addition, EPA held a public [Completed, approximately 80
for evaluating the extent to which they meeting in Chicago on October 19, 2005, participants attended]
are achieving environmental outcomes, to solicit additional input. Comments
received and EPA’s Response to • Work with those states that did not
provide a mechanism for removal of attend the pre-symposium workshop to
members that fail to meet established Comments are available in the Federal
Government Docket System number: ensure they have a working knowledge
compliance criteria, and provide of the content. [Ongoing]
meaningful information on how such EPA–HQ–OA–2005–0003 at http://
programs can be improved over time www.regulations.gov/. • Partner with a select number of
(similar to the ‘‘continuous states to integrate performance-based
Initial Implementation Actions environmental programs into the EPA-
improvement’’ philosophy embodied in
environmental management systems). 1. Incorporate Performance Track and State planning and budgeting processes
Finally, the three individual State Performance-Based Environmental for FY07; these will serve as models in
workgroups recommend that the ECOS Programs Into EPA-State Planning, future years for other interested states.
[February–April 2006]
jlentini on PROD1PC65 with NOTICES
VerDate Aug<31>2005 16:54 May 12, 2006 Jkt 208001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1
Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices 28029
Framework 1 that was developed jointly reductions in greenhouse gases, priority permit credit, applied to their
by EPA and ECOS. To be eligible for this chemicals, air emissions, and energy backlogged, priority NPDES permits,
pilot, the state(s) compliance assurance use. [Ongoing] when they expedite review of a NPDES
program must have had a successful permit re-issuance or modification for a
2. Prioritize and Implement High Value
review under Elements 1–12 of the Incentives in the Near Term Performance Track facility under
Framework. EPA will work competitive pressure. EPA is also
collaboratively with the pilot state(s) in EPA will expand its efforts to work developing an ongoing ‘‘tickler list’’ of
the development and review of the with interested states to implement Performance Track facility NPDES
proposal. EPA will provide the pilot expedited permitting, enhance permits that will expire within the next
state(s) with a timely and definitive recognition, and facilitate the use of 9–12 month period to encourage states
response as to whether the proposals are existing flexibilities for members of to consider, at their discretion,
successful. A successful performance- Performance Track and state expediting re-issuance of the permits.
based program review under Element 13 performance-based environmental (Note: A state would receive credit for
could result in a state receiving programs. As part of this effort, EPA and
facilities that are members of its own
recognition or resource flexibility credit the states will work to communicate
performance-based program as part of
in the context of their compliance effectively with each other, as well as
the strategy for addressing priority
assurance program. The preferred nature with the public. This will be
permits that they submit to EPA.)
of the credit would be identified by the accomplished through the use of
outreach materials targeted at educating [Currently underway]
state(s) in their proposal, would be
staff and the public about performance- D. EPA will be conducting workshops
determined during the review process,
based environmental programs and the for permit authorities and facilities on
and could include a spectrum of
development of tools that help to how to draft flexible air permits and use
recognition and resource flexibility
credit for performance-based programs expedite the implementation of flexible air permitting techniques within
that provide alternative approaches for particular incentives. The combined existing standards and regulations
assuring and exceeding compliance. ECOS–EPA performance-based program (http://www.epa.gov/ttn/oarpg/t5/meta/
[Currently under development] workgroup (referenced earlier in this m5279.html). While any permitted
E. Performance-based environmental report) intends to track interest and facility interested in working with
programs have been used in certain adoption of individual incentives permitting authorities to obtain a
instances to address specific national, among state and federal program flexible air permit will be eligible, EPA
state, or regional environmental members, as well as to seek and plans to give priority assistance to
challenges. Use of such performance- consider appropriate public input. Performance Track facilities. [Currently
based programs should be encouraged Consistent with program criteria for under development]
on a broader scale in cases where a state maintaining membership in E. EPA will share information with
wants to include language in its work performance-based programs, incentives states on expedited processes that have
plans to describe how its performance- will not result in a net reduction in been successfully used in states, work to
based program will be used to address environmental performance and establish expedited processes for air
a state or regional environmental protection of human health and the permitting in states where they do not
challenge. environment.
currently exist, and conduct pilots using
• Develop guidance for FY07 on how Expedite Permitting innovative components such as
states can count reductions achieved A. Where states are the lead electronic permitting to facilitate
through Performance Track or similar permitting authority, EPA will partner expedited permitting processes. EPA
state performance-based environmental with interested states to give will then share the lessons learned from
programs toward the goals of national Performance Track facilities priority these pilot efforts. [March–December
initiatives such as the reduction in placement in the state permitting queue. 2006]
priority chemicals under the Resource Georgia, Indiana, Texas, Oregon, and
Conservation Challenge. [September Enhance Recognition
other states are either in the process of
2006] implementing, or have already F. EPA will, and interested States are
• Partner with the EPA Region 3
implemented, expedited permitting encouraged to, provide congratulatory
Chesapeake Bay Program to develop
initiatives. To facilitate identification of letters either together or individually to
guidelines providing states within the
Performance Track facilities eligible for new members of Performance Track and
watershed with credit for the nutrient
and interested in expedited priority state performance-based environmental
reductions achieved via performance-
permitting, EPA will provide states with programs. These letters will encourage
based programs. [FY 2006]
lists of the permits held by Performance the facility to apply to its respective
• Encourage the use of ‘‘Challenge
Track member facilities. Where EPA is state or federal program counterpart.
Commitments.’’ Some EPA National
the lead permitting authority, and a [Semi-annually, at conclusion of
Programs and Regional Offices working
member of a state performance-based Performance Track application rounds]
with their partner states have already
program seeks expedited permitting, the G. EPA and States will work together
implemented, or are in the process of
state shall inform EPA of the facility’s to collect and publicize state program or
identifying and implementing,
eligibility for this initiative. [Ongoing] Performance Track member success
Challenge Commitments in the areas of B. EPA will reach out to States that
stories in the monthly Performance
did not attend the pre-symposium
1 The State Review Framework incorporates Track newsletter. [Ongoing]
twelve mandatory elements, based on criteria found workshop in Denver, Colorado, on
in long standing policy agreed to by EPA and states. January 23, 2006, to inform them of the H. States and EPA will coordinate
jlentini on PROD1PC65 with NOTICES
A thirteenth optional element is included in this workshop’s content and to enlist their recognition ceremonies when
structure to allow states the opportunity to discuss participation in expediting permitting. appropriate and EPA will communicate
alternative and innovative approaches to
compliance. (For more information see: http:// [February–May 2006] to relevant states when EPA conducts
www.epa.gov/enforcement/resources/publications/ C. EPA will issue state and regional recognition ceremonies in their area.
data/systems/air/2005conf/framework2.pdf). NPDES permitting authorities a one- [Ongoing]
VerDate Aug<31>2005 16:54 May 12, 2006 Jkt 208001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1
28030 Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
Facilitate Existing Flexibilities C. EPA and states will explore the PLACE:999 E Street, NW., Washington,
I. EPA will collect and publicize possibility of developing a brochure, DC (Ninth Floor).
examples of flexibility available through fact sheet, and/or slide presentation
STATUS: This meeting will be open to the
existing guidance and regulations and, materials that states can customize for
public.
in coordination with permitting outreach purposes. In addition, EPA
authorities and state performance-based will produce standard language about ITEMS TO BE DISCUSSED:Correction and
program contacts, encourage Performance Track and state approval of minutes.
performance-based program facilities to performance-based programs that Advisory Opinion 2006–15:
utilize them where appropriate. interested states may use in their TransCanada Corporation by counsel,
[Ongoing] publications. [Ongoing] Jonathan D. Simon. Routine
Some examples include: D. EPA and states will develop an Administrative Matters.
• The Minnesota Pollution Control online catalog identifying those sectors
Agency developed a Stationary Source that may be of greatest interest for FOR FURTHER INFORMATION CONTACT: Mr.
Synthetic Minor permit for IBM: Under recruitment each year by EPA and Robert Biersack, Press Officer,
this permit, in return for meeting lower states. Sample criteria for selection of Telephone: (202) 694–1220.
emissions limits for specified HAPs sector candidates include a strong Mary W. Dove,
than otherwise required, IBM is eligible economic presence or high profile, Secretary of the Commission.
for simpler emissions calculations and significant progress in improving [FR Doc. 06–4581 Filed 5–11–06; 2:34 pm]
recordkeeping. The IBM permit reduces environmental performance, or
BILLING CODE 6715–01–M
the frequency of calculating and opportunities for engaging facilities in
recording emissions from monthly (12- efforts to address priority environmental
month rolling averages) to annually problems. [Ongoing]
(total calendar year calculations).
• Permitting approach for Steele 4. Continue Work of ECOS/EPA FEDERAL RESERVE SYSTEM
County, MN, indirect dischargers: Performance-Based Environmental
Program Workgroup Agency Information Collection
Under the CWA pretreatment program, Activities: Announcement of Board
the POTW serves as the permitting ECOS and EPA workgroup members Approval Under Delegated Authority
authority for its indirect dischargers. In will continue to work collaboratively to and Submission to OMB
the Steele County project, in return for implement the recommendations for
meeting a 20% effluent reduction goal Performance Track and state AGENCY: Board of Governors of the
for specified metals, participating performance-based environmental Federal Reserve System.
indirect dischargers are eligible for programs. The workgroup will be led by
reduced frequency of monitoring. SUMMARY: Bckground.
the chair of the ECOS Cross-media
J. EPA will document examples of Committee and EPA’s Director of the Notice is hereby given of the final
Performance Track facilities that have National Center for Environmental approval of proposed information
reached agreement with state permitting Innovation, with members drawn from collections by the Board of Governors of
authorities to reduce their NPDES State and EPA program offices, the Federal Reserve System (Board)
effluent monitoring frequencies, Performance Track, and state under OMB delegated authority, as per
consistent with existing EPA policy, performance-based environmental 5 CFR 1320.16 (OMB Regulations on
while maintaining a high degree of programs. The workgroup will meet on Controlling Paperwork Burdens on the
confidence in their monitoring data. a regular basis to sustain focus and Public). Board–approved collections of
EPA will publicize and share these energy, and will report periodically to information are incorporated into the
facilities’ experiences with Performance the ECOS President, EPA Administrator, official OMB inventory of currently
Track and state performance-based and EPA’s Innovation Action Network approved collections of information.
environmental program members so that (IAN), comprised of the Agency’s Copies of the OMB 83–Is and supporting
other facilities may consider these Deputy Assistant and Associate statements and approved collection of
approaches in consultation with their Administrators, Deputy Regional information instrument(s) are placed
permitting authorities. [February–June into OMB’s public docket files. The
Administrators, and the Co-chairs of the
2006] Federal Reserve may not conduct or
ECOS Cross-media Committee. In
3. Improve State/EPA Coordination of addition, workgroup reports will be sponsor, and the respondent is not
Strategic Marketing and Education of shared with state performance program required to respond to, an information
Performance-Based Programs. staff and through regular EPA/state collection that has been extended,
monthly calls. revised, or implemented on or after
To improve marketing, outreach, and October 1, 1995, unless it displays a
recruitment coordination, ECOS and Dated: May 10, 2006. currently valid OMB control number.
EPA will take the following steps: Robert S. Benson,
A. EPA and states will share program Acting Director, Office of Business and FOR FURTHER INFORMATION CONTACT:
branding strategies to increase Community Innovation. Federal Reserve Board Clearance
information sharing, idea generation, [FR Doc. E6–7333 Filed 5–12–06; 8:45 am] Officer––Michelle Long––Division of
and learning from other programs. BILLING CODE 6560–50–P
Research and Statistics, Board of
[Ongoing] Governors of the Federal Reserve
B. Interested states and EPA’s System, Washington, DC 20551 (202–
Performance Track staff will sponsor a 452–3829); OMB Desk Officer––Mark
one-day workshop to focus specifically FEDERAL ELECTION COMMISSION Menchik––Office of Information and
jlentini on PROD1PC65 with NOTICES
VerDate Aug<31>2005 16:54 May 12, 2006 Jkt 208001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1