Common use of Legal Implementing Mechanisms Clause in Contracts

Legal Implementing Mechanisms. The Department is seeking to avoid site-specific rule making or individual federal agreements by applying for Statewide Project XL status. Once the Department obtains Project XL status for the Gold Track Program, it will need to amend specific regulations in the affected media areas through the rulemaking process to authorize it to grant flexibility from the existing regulations. The Department is in the process of drafting rule revisions, and will consult with USEPA as the drafting progresses. USEPA may need to revise its regulations and take regulatory action to approve revisions to the state’s authorized or delegated programs, consistent with applicable law. With significant legal authority in place, the Department intends to negotiate covenants with the Gold Track participants, which will describe in detail the flexibility offered by the Department and the commitments to be made by the participants. Since the covenants are not legal enforceable instruments, the Department expects to modify the applicable permits issued to participants in accordance with its legal authority. The modified permits and regulations will be effective and enforceable under law.