[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Proposed Rules]
[Page 48690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 261, 262, 264, 265, and 270

[FRL-8961-2]
RIN 2090-AA28


New Jersey Gold Track Program Under Project XL

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule: withdrawal.

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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing a 
proposed rule published on April 16, 2002, which would have modified 
the regulations under the Resource Conservation and Recovery Act (RCRA) 
and the Clean Air Act (CAA) to enable the implementation of the New 
Jersey Department of Environmental Protection (NJDEP) Gold Track 
Program that was developed under EPA's Project eXcellence in Leadership 
(Project XL) program. Project XL was a national pilot program that 
allowed state and local governments, businesses and federal facilities 
to develop with EPA more cost-effective ways of achieving environmental 
and public health protection. In exchange, EPA provided regulatory, 
policy or procedural flexibilities to conduct the pilot experiments. 
EPA is withdrawing the proposed rule in response to NJDEP's decision 
not to go forward with the Gold Track Program and not to promulgate an 
enabling rule. In the rule, EPA proposed to provide New Jersey with 
authority to provide high-performing companies in New Jersey with the 
regulatory flexibility to test environmental management strategies 
designed to produce improved and measurable results. The NJDEP had 
expressed interest in testing a program designed to achieve 
environmental excellence through commitments and accountability beyond 
standard regulatory requirements. Following EPA's April 16, 2002 
proposal, the NJDEP communicated to EPA that it did not wish to 
implement the state rulemaking or the pilot project as originally 
envisioned. EPA received no public comments on this proposed rule.

DATES: The proposed rule published on April 16, 2002 at 67 FR 18528 is 
withdrawn as of September 24, 2009.

FOR FURTHER INFORMATION CONTACT: Gerald Filbin, Mail Code 1807T, U.S. 
Environmental Protection Agency, Office of Policy, Economics and 
Innovation, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Dr. 
Filbin's telephone number is (202) 566-2182 and his e-mail address is 
<a href="/cdn-cgi/l/email-protection#2e4847424c474000494b5c4f424a6e4b5e4f00494158"><span class="__cf_email__" data-cfemail="c8aea1a4aaa1a6e6afadbaa9a4ac88adb8a9e6afa7be">[email protected]</span></a>. Further information on today's action may also 
be obtained on the internet at http://www.epa.gov/projectxl/njgold/index.htm.

SUPPLEMENTARY INFORMATION: Regulatory Impact: Because this action 
withdraws a notice of proposed rulemaking, it is neither a proposed nor 
a final rule and therefore is not covered under Executive Order 12866, 
the Regulatory Flexibility Act, or other Executive Orders and statutes 
that generally apply to those rulemakings.
    The proposed rule, ``New Jersey Gold Track Program Under Project 
XL,'' published on April 16, 2002 at 67 FR 18528 is withdrawn as of 
September 24, 2009.

    Dated: September 16, 2009.
Scott Fulton,
Acting Deputy Administrator.
[FR Doc. E9-22924 Filed 9-23-09; 8:45 am]
BILLING CODE 6560-50-P


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