[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71026-71027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29648]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9492-7]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; Request for Public 
Comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement to address a lawsuit filed by the 
American Forest & Paper Association, Inc. (``Petitioner'') in the 
United States Court of Appeals for the District of Columbia: American 
Forest and Paper Association, Inc. v. EPA, No. 10-1284 (DC Cir.) for 
review of EPA's final rule entitled ``Mandatory Reporting of Greenhouse 
Gases from Magnesium Production, Underground Coal Mines, Industrial 
Wastewater Treatment, and Industrial Waste Landfills'', published at 75 
FR 39,736 (July 12, 2010). Under the terms of the proposed settlement 
agreement, Petitioner would dismiss its claims if EPA signs a letter 
interpreting the rule in substantially similar format as proposed as it 
applies to Petitioner.

DATES: Written comments on the proposed settlement agreement must be 
received by December 16, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0904, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Ragan Tate, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-7382; fax number: (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    On September 22, 2009, EPA finalized the first comprehensive 
Reporting program for greenhouse gases (``GHGs'') under the Clean Air 
Act (``CAA'' or ``the Act''). 75 FR 56,260 (October 30, 2009) (``2009 
Final GHG Reporting Rule''). The 2009 Final GHG Reporting Rule requires 
reporting of greenhouse gas emissions from large sources and suppliers 
in the United States, and is intended to collect accurate and timely 
emissions data to inform future policy decisions. Under the rule, 
suppliers of fossil fuels or industrial greenhouse gases, manufacturers 
of vehicles and engines, and facilities that emit 25,000 metric tons or 
more per year of GHG emissions are required to submit annual reports to 
EPA. The rule became effective December 29, 2009. In proposing the 2009 
Final GHG Reporting Rule, EPA proposed but did not finalize Subpart II 
``Industrial Wastewater Treatment'' of the 2009 Rule. On June 28, 2010 
EPA finalized an amendment to the 2009 Final GHG Reporting Rule, 
``Mandatory Reporting of Greenhouse Gases from Magnesium Production, 
Underground Coal Mines, Industrial Wastewater Treatment, and Industrial 
Waste Landfills'', published at 75 FR 39,736 (July 12, 2010) (``Subpart 
II Rule).
    The American Forest & Paper Association filed a petition for review 
in the DC Circuit challenging the Subpart II Rule (10-1284). The 
petition for review in the DC Circuit raises issues with the final 
requirements of the Subpart II Rule. Upon EPA's motion, on October 20, 
2010, the court issued an order holding the case in abeyance pending 
the parties' settlement discussions.
    Under the proposed settlement agreement being noticed today, the 
petition for review would be dismissed in its entirety if EPA signs a 
letter

[[Page 71027]]

interpreting the rule in substantially similar format as proposed as it 
applies to Petitioner. Pursuant to the proposed settlement agreement, 
EPA would be issuing its letter interpreting the rule as it applies to 
petitioner with respect to monitoring and measurements at three 
locations at the effluent treatment basin at International Paper 
Company's Prattville Mill in Prattville, Alabama.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties or intervenors to the litigation in question. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
settlement agreement if the comments disclose facts or considerations 
that indicate that such consent is inappropriate, improper, inadequate, 
or inconsistent with the requirements of the Act. Unless EPA or the 
Department of Justice determines, based on any comment submitted, that 
consent to this settlement agreement should be withdrawn, the terms of 
the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2011-0904) contains a copy of the proposed settlement 
agreement. The official public docket is available for public viewing 
at the Office of Environmental Information (OEI) Docket in the EPA 
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through 
http://www.regulations.gov. You may use the http://www.regulations.gov 
to submit or view public comments, access the index listing of the 
contents of the official public docket, and to access those documents 
in the public docket that are available electronically. Once in the 
system, key in the appropriate docket identification number then select 
``search''.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing online at http://www.regulations.gov without change, 
unless the comment contains copyrighted material, CBI, or other 
information whose disclosure is restricted by statute. Information 
claimed as CBI and other information whose disclosure is restricted by 
statute is not included in the official public docket or in the 
electronic public docket. EPA's policy is that copyrighted material, 
including copyrighted material contained in a public comment, will not 
be placed in EPA's electronic public docket but will be available only 
in printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an email address or other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments 
to EPA electronically is EPA's preferred method for receiving comments. 
The electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, email address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through http://www.regulations.gov, your email address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

    Dated: November 8, 2011.
Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-29648 Filed 11-15-11; 8:45 am]
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