Common use of Purpose of this FPA Clause in Contracts

Purpose of this FPA. This FPA is a joint statement of the Project Signatories’ plans and intentions with respect to the New England Laboratories XL Project (“Laboratory XL Project”). This FPA outlines the details of how the project will be implemented and measured and proposes the Laboratory Environmental Management Standard upon which the regulatory flexibility will be based. This FPA accompanies a site-specific Federal Rule which is being published in a Federal Register notice and which fully outlines the specific legal mechanism for piloting the new environmental management system outlined in this FPA. Under the new system, each of the Universities will develop and implement a Laboratory Environmental Management Plan which will describe how the University will conform with all elements of the site- specific rule, including the Minimum Performance Criteria. The Laboratory XL Project proponents initially proposed this jointly drafted FPA. They include the Universities noted in paragraph I.A., above, with ML Strategies, Inc. as their consultant and facilitator for the project. The Laboratory XL Project was reviewed and commented on by MADEP and VTDEC. EPA was both a reviewer of the project and author of the Federal regulatory changes that are required to implement the project. As the project proponents, the Universities and their consultant will provide project information and respond to requests for additional information and analysis. This FPA sets forth the plans of the various signatories and represents the firm commitment of each signatory to support the XL process, the site-specific rulemaking and the development and implementation of the Environmental Management Plans necessary to fully carry out this Laboratory XL Project. The FPA is not, however, intended to create legal rights or obligations and is not a contract, a final agency action or a regulatory action such as a permit or rule. This FPA does not give anyone a right to sue the Project Signatories for any alleged failure to implement its terms, either to compel implementation or to recover damages. As described below in Section II.E., EPA has promulgated a site-specific rule, and EPA and the proponents will work with the MADEP and VTDEC to execute the necessary legal mechanisms to implement the Laboratory XL Project at the state level. As set forth in the attached letter from Region I to MADEP, (see Appendix 1) the terms of which are incorporated by reference into this FPA, Massachusetts will promulgate a state-specific rule that incorporates the terms of the Federal Rule within 18 months from the date that the Federal Rule is finalized. This letter outlines the interim approach that Massachusetts will follow prior to implementation of the rule. If the administrative rulemaking process proceeds as anticipated, Vermont plans to promulgate a state-specific rule within the six-month time period that the Universities have to develop the EMPs (as discussed in Section

Purpose of this FPA. This FPA is a joint statement of the Project Signatories’ plans and intentions with respect to the New England Laboratories International Paper Effluent Improvement XL Project (“Laboratory IP Effluent XL Project”). This FPA outlines the details of how the this project will be implemented and measured and proposes sets forth the Laboratory Environmental Management Standard upon which the requested regulatory flexibility will be basedneeded to implement this project. This FPA accompanies Specifically, IP requests and EPA agrees to take final action on, a site-specific rule exempting IP from all Best Management Practices (BMP) requirements found at 40 Code of Federal Rule which is being published in a Federal Register notice Regulations (CFR) 430.03. If EPA and which fully outlines ME DEP promulgate the site-specific legal mechanism for piloting rules, IP agrees to accept revisions to its National Pollutant Discharge Elimination System (NPDES) permit or ME DEP discharge license1 to reflect the new environmental management system outlined in this FPA. Under the new system, each of the Universities will develop and implement a Laboratory Environmental Management Plan which will describe how the University will conform with all elements of the site- specific rule, including the Minimum Performance Criteria. The Laboratory XL Project proponents initially proposed this jointly drafted FPA. They include the Universities noted in paragraph I.A., above, with ML Strategies, Inc. as their consultant and facilitator for the project. The Laboratory XL Project was reviewed and commented on by MADEP and VTDEC. EPA was both a reviewer of the project and author of the Federal performance gains resulting from such regulatory changes that are required to implement the project. As the project proponents, the Universities and their consultant will provide project information and respond to requests for additional information and analysisrelief. This FPA sets forth the plans of the various signatories Project Signatories and represents the firm commitment of each signatory to support the XL process, to implement the site-specific rulemaking necessary regulatory flexibility in a timely fashion (subject to consideration of public comment) and to follow the development and implementation terms of the Environmental Management Plans necessary to fully carry out this Laboratory XL ProjectFPA. The This FPA is not, however, intended to does not create legal rights or obligations and is not a contract, a final agency action or a regulatory action such as a permit or rule. This FPA does not give anyone a right to sue the Project Signatories for any alleged failure to implement its terms, either to compel implementation or to recover damages. As described below in Section II.E., EPA has promulgated a site-specific rule, and EPA and While the proponents will work with Project Signatories fully intend to fulfill the MADEP and VTDEC to execute the necessary legal mechanisms to implement the Laboratory XL Project at the state level. As commitments set forth in the attached letter from Region I to MADEP, (see Appendix 1) the terms of which are incorporated by reference into this FPA, Massachusetts they are not legally obligated to do so. Nevertheless, the Project Signatories will promulgate strive for a state-specific rule that incorporates high level of cooperation, communication and coordination to assure successful 1At the terms time of the Federal Rule within 18 months from signing of this FPA, the date that ME DEP application for delegation of the Federal Rule water program is finalizedpending with EPA. This letter outlines Pending the interim approach that Massachusetts outcome of the delegation decision, IP’s discharge permit will follow prior to either be issued by the EPA which issues discharge permits, or issued by the ME DEP which issues discharge licenses. Both terms are used in this document. effective and efficient implementation of the ruleAgreement and the Project. If This FPA and materials relating to this project are available on the administrative rulemaking process proceeds as anticipated, Vermont plans to promulgate a state-specific rule within the six-month time period that the Universities have to develop the EMPs (as discussed in SectionProject XL Web Site at xxx.xxx.xxx/xxxxxxxxx.

Purpose of this FPA. This FPA is a joint statement of the Project Signatories’ plans and intentions with respect to the New England Laboratories International Paper Effluent Improvement XL Project (“Laboratory IP Effluent XL Project”). This FPA outlines the details of how the this project will be implemented and measured and proposes sets forth the Laboratory Environmental Management Standard upon which the requested regulatory flexibility will be basedneeded to implement this project. This FPA accompanies Specifically, IP requests and EPA agrees to take final action on, a site-specific rule exempting IP from all Best Management Practices (BMP) requirements found at 40 Code of Federal Rule which is being published in a Federal Register notice Regulations (CFR) 430.03. If EPA and which fully outlines ME DEP promulgate the site-specific legal mechanism for piloting rules, IP agrees to accept revisions to its National Pollutant Discharge Elimination System (NPDES) permit or ME DEP discharge license1 to reflect the new environmental management system outlined in this FPA. Under the new system, each of the Universities will develop and implement a Laboratory Environmental Management Plan which will describe how the University will conform with all elements of the site- specific rule, including the Minimum Performance Criteria. The Laboratory XL Project proponents initially proposed this jointly drafted FPA. They include the Universities noted in paragraph I.A., above, with ML Strategies, Inc. as their consultant and facilitator for the project. The Laboratory XL Project was reviewed and commented on by MADEP and VTDEC. EPA was both a reviewer of the project and author of the Federal performance gains resulting from such regulatory changes that are required to implement the project. As the project proponents, the Universities and their consultant will provide project information and respond to requests for additional information and analysisrelief. This FPA sets forth the plans of the various signatories Project Signatories and represents the firm commitment of each signatory to support the XL process, to implement the site-specific rulemaking necessary regulatory flexibility in a timely fashion (subject to consideration of public comment) and to follow the development and implementation terms of the Environmental Management Plans necessary to fully carry out this Laboratory XL ProjectFPA. The This FPA is not, however, intended to does not create legal rights or obligations and is not a contract, a final agency action or a regulatory action such as a permit or rule. This FPA does not give anyone a right to sue the Project Signatories for any alleged failure to implement its terms, either to compel implementation or to recover damages. As described below in Section II.E., EPA has promulgated a site-specific rule, and EPA and While the proponents will work with Project Signatories fully intend to fulfill the MADEP and VTDEC to execute the necessary legal mechanisms to implement the Laboratory XL Project at the state level. As commitments set forth in the attached letter from Region I to MADEP, (see Appendix 1) the terms of which are incorporated by reference into this FPA, Massachusetts they are not legally obligated to do so. Nevertheless, the Project Signatories will promulgate strive for a state-specific rule that incorporates high level of cooperation, communication and coordination to assure successful 1At the terms time of the Federal Rule within 18 months from signing of this FPA, the date that ME DEP application for delegation of the Federal Rule water program is finalizedpending with EPA. This letter outlines Pending the interim approach that Massachusetts outcome of the delegation decision, IP’s discharge permit will follow prior to either be issued by the EPA which issues (discharge permits), or issued by the ME DEP which issues (discharge licenses). Both terms are used in this document. effective and efficient implementation of the ruleAgreement and the Project. If This FPA and materials relating to this project are available on the administrative rulemaking process proceeds as anticipated, Vermont plans to promulgate a state-specific rule within the six-month time period that the Universities have to develop the EMPs (as discussed in SectionProject XL Web Site at xxx.xxx.xxx/xxxxxxxxx.