Common use of Requested Flexibility Clause in Contracts

Requested Flexibility. This Agreement will function as an umbrella FPA and does not describe any specific federal or state regulatory flexibility. Media-specific Addenda that describe specific federal and/or state regulatory flexibilities to be granted under the Gold Track program are attached to this umbrella FPA. Each Addendum will identify: the flexibility negotiated by NJDEP, USEPA and the stakeholder group for a particular media, the superior environmental performance to be gained in connection with extending that media-specific flexibility, a description of the legal implementing mechanism (ie., rulemaking and/or permit modification) that will enable the granting of flexibility, and the evaluation process to judge the effectiveness and benefits gained from the granting flexibility. If, in the future, NJDEP wishes to amend the flexibilities offered under Gold Track beyond those currently specified in the attached Addenda, NJDEP will coordinate closely with USEPA in cases where the proposed regulatory flexibility affects a federally delegated, authorized or approved program. Any future amendments to the FPA or Addenda will be developed jointly by NJDEP and EPA in conjunction with stakeholder input, as described in Section VII. of this Agreement.

Requested Flexibility. This Agreement will function as an umbrella FPA Aumbrella FPA@ and does not describe any specific federal or state regulatory flexibility. Media-specific Addenda that describe specific federal and/or state regulatory flexibilities to be granted under the Gold Track program are attached to this umbrella FPA. Each Addendum will identify: the flexibility negotiated by NJDEP, USEPA and the stakeholder group for a particular media, the superior environmental performance to be gained in connection with extending that media-specific flexibility, a description of the legal implementing mechanism (ie., rulemaking and/or permit modification) that will enable the granting of flexibility, and the evaluation process to judge the effectiveness and benefits gained from the granting flexibility. If, in the future, NJDEP wishes to amend the flexibilities offered under Gold Track beyond those currently specified in the attached Addenda, NJDEP will coordinate closely with USEPA in cases where the proposed regulatory flexibility affects a federally delegated, authorized or approved program. Any future amendments to the FPA or Addenda will be developed jointly by NJDEP and EPA in conjunction with stakeholder input, as described in Section VII. of this Agreement.