Common use of Legal Implementing Mechanisms Clause in Contracts

Legal Implementing Mechanisms. As a pilot-scale experiment to determine if electronic reporting is viable, NASA proposes that extensive regulatory relief from multiple multi-media regulations is unnecessary. NASA proposes that the legal implementing mechanism will be EPA regulatory relief from the “written” reporting requirements specified in 40 CFR §270.11. This legal mechanism will be drafted after submittal of the Final Project Agreement. In addition, NASA proposes that this “written” reporting requirement be waived for all reporting requirements as a WSTF-specific, “global”, test case regulatory exemption. This will provide NASA with the ability to prepare and submit reports electronically to multiple NMED Bureaus for several different environmental media. This multiple Bureau reporting would only be submitted after consultation with each Bureau Chief, and after NMED incorporates the EPA regulatory relief into the State regulatory framework. In addition, NASA proposes that modifications to existing permits, discharge plans, or other compliance documentation can be completed to allow the electronic reporting of multi-media compliance information. NASA also proposes that the Class I permit modification regulation of 40 CFR §270.42 can be modified without extensive rule-making. This regulatory flexibility can be incorporated with a policy statement stating that the language “or other means” implies the ability to submit electronically. As an experimental, pilot-scale project, this will provide the necessary flexibility to test the Class I permit modification submittal procedures. Specific regulatory relief will not be required from NMED. The current requirements of in-place permits, discharge plans, and other compliance documentation can be sufficiently modified by Bureau-initiated changes, mutual agreements regarding procedural requirements, or specific permit modifications to incorporate electronic reporting. NASA will negotiate and initiate these changes with NMED Bureau personnel after completion and acceptance of the Final Project Agreement. NASA has submitted copies of all compliance documentation, including hazardous waste permits, discharge plans, solid waste post-closure care plans, HSWA modules, Consent Order requirements, air permits, and other relevant documentation, to both EPA and NMED for review of specific regulatory requirements. These documents indicate that most regulatory flexibility for the start-up of this Agreement and Project can be initiated through NMED using implementing mechanisms that do not require regulatory rule-making and specific regulatory relief. During several meetings in Santa Fe, NM, with representatives from each Bureau, no opposition was encountered regarding electronic deliverables for specific Bureau-required reporting issues.

Legal Implementing Mechanisms. As EPA, with the assistance of NMED and NASA, will perform a pilotlegal analysis of EPA-scale experiment administered environmental regulations that apply to NASA’s facility, to determine which current information-related requirements (if electronic reporting is viableany) will require regulatory modification to implement this project. Such requirements could include, NASA proposes that extensive regulatory relief from multiple multi-media regulations is unnecessary. NASA proposes that for example, the legal implementing mechanism will be EPA regulatory relief from the “written” reporting signatory requirements specified in for RCRA permit applications, modifications and reports (40 CFR §270.11, §270.42(a)(i). Based on this analysis, EPA will initiate a multi-media rulemaking(s) effort to promulgate any regulatory changes necessary to facilitate this project. NMED will, in addition, develop and promulgate any changes to state regulations (consistent with the changes made by EPA) that may be necessary to implement this project. This legal mechanism project will be drafted after submittal of the Final Project Agreement. In addition, allow NASA proposes that this “written” reporting requirement be waived for all reporting requirements as a WSTF-specific, “global”, test case regulatory exemption. This will provide NASA with the ability to prepare and submit reports electronically to multiple NMED Bureaus Bureaus, for several different environmental mediamedia program requirements. This multiple Bureau reporting would only be submitted after consultation with each Bureau Chief, and after NMED incorporates the EPA regulatory relief into the State regulatory framework. In addition, NASA proposes that modifications to existing permits, discharge plans, or other compliance documentation can be completed to allow the electronic reporting of multi-media compliance information. NASA also proposes that the Class I permit modification regulation of 40 CFR §270.42 can be modified without extensive rule-making. This regulatory flexibility can be incorporated with a policy statement stating that the language “or other means” implies the ability to submit electronically. As an experimental, pilot-scale project, this will provide the necessary flexibility to test the Class I permit modification submittal procedures. Specific regulatory relief will not be required from NMED. The current Current requirements of in-place permits, discharge plans, and other compliance documentation can will be sufficiently modified by Bureau-as necessary through Bureau- initiated changes, mutual agreements regarding procedural requirements, or specific permit modifications to incorporate electronic reporting. NASA will negotiate and initiate these changes with NMED Bureau personnel after completion and acceptance of the Final Project Agreement. NASA has submitted copies of all compliance documentation, including hazardous waste permits, discharge plans, solid waste post-closure care plans, HSWA modules, Consent Order requirements, air permits, and other relevant documentation, to both EPA and NMED for review of specific regulatory requirements. These documents indicate that most regulatory flexibility for the start-up of this Agreement and Project can be initiated through NMED using implementing mechanisms that do not require regulatory rule-making and specific regulatory relief. During several meetings in Santa Fe, NM, with representatives from each Bureau, no opposition was encountered regarding electronic deliverables for specific Bureau-required reporting issues.. In addition, the EPA has provided text for the inclusion of Section