[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59684-59685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23690]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9901-48-OGC]


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''), notice is hereby given of a proposed settlement 
agreement to address a lawsuit filed by the American Forest & Paper 
Association, Inc. and American Wood Council (``Petitioners'') in the 
United States Court of Appeals for the District of Columbia: American 
Forest and Paper Association, Inc. and American Wood Council v. EPA, 
No. 12-1452 (D.C. Cir.). Petitioners filed a petition for review 
challenging EPA's final rule entitled ``Mandatory Reporting of 
Greenhouse Gases; Final Rule,'' (Oct. 30, 2009) (``GHG Reporting 
Rule''). Under the terms of the proposed settlement agreement, 
Petitioners would dismiss their claims if, at the conclusion of a 
rulemaking process that has included notice and an opportunity for 
public comment, EPA promulgates in final form an amendment to the GHG 
Reporting Rule that includes changes that are substantially the same 
substance as set forth in Attachment A to the proposed settlement 
agreement. Nothing in the proposed settlement agreement limits or 
modifies EPA's discretion under the Clean Air Act.

DATES: Written comments on the proposed settlement agreement must be 
received by October 28, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0181, 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

    The proposed settlement agreement would resolve a lawsuit filed by 
the American Forest & Paper Association, Inc. and American Wood Council 
seeking to compel the Agency to

[[Page 59685]]

promulgate a proposed rule on the issue of whether the GHG Reporting 
Rule should be amended by the inclusion of proposed amendments of the 
same substance as set forth in Attachment A to the proposed settlement 
agreement. Under the proposed settlement agreement, Petitioners would 
dismiss their claims if EPA promulgates in final form an amendment to 
the GHG Reporting Rule that includes changes that are substantially the 
same substance as set forth in Attachment A to the proposed settlement 
agreement. The proposed settlement agreement further states that in the 
event not all such changes are made that are substantially the same 
substance as set forth in Attachment A to the proposed settlement 
agreement, the Petitioners would file a stipulation of dismissal for 
the issues that correspond to such changes that were made, and for 
those issues that were not resolved, with the creation of a new docket 
for those issues that were not resolved.
    Nothing in the proposed settlement agreement limits or modifies 
EPA's discretion under the Clean Air Act in either the related notice 
and comment rulemaking process or otherwise. The EPA reserves the 
discretion to promulgate a final rule relating to any amendment to or 
revision of the GHG Reporting Rule and by this proposed settlement 
agreement has not obligated itself to issue any final rule which 
includes the proposed changes contained in Attachment A to the proposed 
settlement agreement.
    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 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-2013-0181) 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 
www.regulations.gov. You may use the 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 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 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 
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: September 20, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-23690 Filed 9-26-13; 8:45 am]
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