2516.01_Attachment 3

Attach3-FRNotice2013.pdf

Assessment of Environmental Performance Standards and Ecolabels for Federal Procurement (New)

2516.01_Attachment 3

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submitters, updates to control
techniques can be provided via EIS.
• Boiler design capacity. The EPA
seeks comment on the design capacity
of boilers as characterized in the
DESIGN_CAPACITY and DESIGN_
CAPACITY_UNITS columns of point
source emission inventory flat files.
Design capacity is included in the stack
parameter summary. For EIS data
submitters, updates to design capacities
can be provided via EIS.
• Emissions modeling methods. The
EPA is using the SMOKE version 3.5 to
prepare data for air quality modeling.
The EPA requests comment on the
methods by which SMOKE is used to
develop air quality model-ready
emissions, as illustrated in the scripts
provided with the modeling platform.
• Temporal allocation. Annual
emission inventories must be allocated
to hourly values prior to air quality
modeling. This may be done with
temporal profiles in several steps, such
as annual-to-month, month-to-day, and
day-to-hour. The exact method used
depends on the type of emissions being
processed. The EPA seeks comment on
the allocation of the emission
inventories to month, day, and hour for
all types of emission processes. In
particular, the EPA seeks information
that could help improve the temporal
allocation of emissions from EGUs,
onroad and nonroad mobile sources,
and residential wood combustion
sources. The EPA seeks to continue to
improve temporal allocation factors
with additional local and region-specific
data. In addition to providing temporal
allocation data as SMOKE input files,
spreadsheets containing temporal
allocation factors and cross references
are provided for readability.
• Spatial surrogates. Spatial
surrogates are used to allocate countylevel emissions into grid cells used for
air quality modeling. The EPA requests
comment on the spatial surrogates used
in the 2011 emissions modeling
platform. Plots of spatial surrogates and
a spreadsheet containing the spatial
cross reference data are provided for
readability.
• Chemical speciation. Prior to air
quality modeling, the pollutants in the
emission inventories must be converted
into the chemical species used by the air
quality model using speciation profiles.
The speciation profiles in the 2011
emissions modeling platform are
consistent with version 4.5 of the
SPECIATE database. The EPA requests
comment on the speciation profiles used
in the 2011 modeling platform, as well
as any information that could help
improve the speciation of oil and gas
emissions in both the eastern and

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western United States. In addition to
providing chemical speciation data as
SMOKE input files, spreadsheets
containing chemical speciation factors
and cross references are provided for
readability.
To aid in the interpretation of the
provided data files and how they relate
to the aspects of the data on which the
EPA is requesting comment, the EPA
has provided in the docket a document
describing the information included in
the provided data files.
Dated: November 20, 2013.
Mary Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2013–28508 Filed 11–26–13; 8:45 am]
BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2013–0579; FRL–9394–7]

Draft Guidelines; Product
Environmental Performance Standards
and Ecolabels for Voluntary Use in
Federal Procurement; Notice of
Availability and Request for Comments
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:

EPA is announcing for public
review and comment draft Guidelines
intended to provide a transparent, fair,
and consistent approach to using nongovernmental product environmental
performance standards and ecolabels in
Federal purchasing, consistent with
Federal standards policy and
sustainable acquisition mandates. These
draft Guidelines have been developed in
response to requests via a wide variety
of stakeholder engagement channels
from suppliers, manufacturers,
environmental organizations, Federal
purchasers, and other stakeholders over
the last several years. Voluntary
guidelines for standards and ecolabels
would help agencies implement
sustainable acquisition requirements of
Executive Order 13514 and the Federal
Acquisition Regulation (FAR) 23.103
which requires 95% of the government’s
applicable contract actions to be
sustainable. Specifically, the Guidelines
for standards and ecolabels could
provide clarity regarding the term
‘‘environmentally preferable’’ for
purposes of the Executive Order. In
addition to seeking input on the draft
Guidelines themselves, EPA is seeking
input on how standards and ecolabels
should be assessed for conformance to
such guidelines. The proposed draft

SUMMARY:

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Guidelines and supplementary
information can be found in the docket
and at http://www.epa.gov/epp/
draftGuidelines.
DATES: Comments must be received on
or before February 25, 2014.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2013–0579, by
one of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001.
• Delivery: OPPT Document Control
Office (DCO), William Jefferson Clinton
(WJC) East Bldg., Rm. 6428, 1201
Constitution Ave. NW., Washington,
DC. ATTN: Docket ID Number EPA–
HQ–OPPT–2013–0579. The DCO is
open from 8 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the DCO’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
• Instructions: Direct your comments
to docket ID number EPA–HQ–OPPT–
2013–0579. EPA’s policy is that all
comments received will be included in
the docket without change and may be
made available online at http://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or
email. The regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. 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. Electronic files should avoid

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the use of special characters, any form
of encryption, and be free of any defects
or viruses.
• Docket: All documents in the
docket are listed in the docket index
available at http://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
http://www.regulations.gov, or at the
OPPT Docket. The OPPT Docket is
located in the EPA Docket Center (EPA/
DC) at Rm. 3334, WJC West Bldg., 1301
Constitution Ave. NW., Washington,
DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. Docket visitors are required
to show photographic identification,
pass through a metal detector, and sign
the EPA visitor log. All visitor bags are
processed through an X-ray machine
and subject to search. Visitors will be
provided an EPA/DC badge that must be
visible at all times in the building and
returned upon departure.
FOR FURTHER INFORMATION CONTACT: For
information regarding environmentally
preferable purchasing, contact: Alison
Kinn Bennett, Senior Advisor, Pollution
Prevention Division (7409M), Office of
Pollution Prevention and Toxics, Office
of Chemical Safety and Pollution
Prevention, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8859; email address:
[email protected].
For information regarding standards
policy, contact: Mary McKiel, Standards
Executive, International Staff (7101M),
Office of Chemical Safety and Pollution
Prevention, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–0532; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
This action is directed to the public
in general. Although this action may be
of particular interest to those persons
who purchase or provide products and
services for Federal agencies, developers
of standards and ecolabels, and the
manufacturers of products, the Agency

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has not attempted to describe all the
specific entities that may be affected by
this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the
technical contact person listed under
FOR FURTHER INFORMATION CONTACT.
II. Background
A. What action is the agency taking?
EPA is announcing for public review
and comment draft Guidelines intended
to assist the Federal workforce in more
consistently utilizing non-governmental
product environmental performance
standards and ecolabels in the Federal
procurement process, consistent with
Federal standards policy and
sustainable acquisition mandates.
Federal agencies must comply with
the following sustainability-related
purchasing mandates: section 2(h) of
Executive Order 13514 (Federal
Leadership in Environmental, Energy
and Economic Performance), section
6002 of the Resource Conservation and
Recovery Act, section 9002 of the Farm
Security and Rural Investment Act of
2002, The Energy Policy Act, section
2(d) of Executive Order 13423
(Strengthening Federal Environmental,
Energy, and Transportation
Management) (72 FR 3919, January 26,
2007), and the FAR, including FAR Part
23 (Environment, Energy and Water
Efficiency, Renewable Energy
Technologies, Occupational Safety, and
Drug-Free Workplace) (see http://
www.whitehouse.gov/omb/
procurement_index_green).
Section 2(h) of Executive Order 13514
states that:
The Head of each Agency shall . . .
advance sustainable acquisition to ensure
that 95 percent of new contract actions
including task and delivery orders, for
products and services with the exception of
acquisition of weapon systems, are . . .
energy-efficient (Energy Star or Federal
Energy Management Program (FEMP)
designated), water-efficient, biobased,
environmentally preferable (e.g., Electronic
Product Environmental Assessment Tool
(EPEAT) certified), non-ozone depleting,
contain recycled content, or are non-toxic or
less toxic alternatives, where such products
and services meet agency performance
requirements.

In addition, via the ‘‘National
Technology Transfer and Advancement
Act of 1995’’ (Pub. L. 104–113;
hereinafter ‘‘the NTTAA’’), Congress
required Federal agencies to ‘‘use
technical standards that are developed
or adopted by voluntary consensus
standards bodies, using such technical
standards as a means to carry out policy
objectives or activities,’’ except when an
agency determines that such use ‘‘is

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inconsistent with applicable law or
otherwise impractical.’’ Office of
Management and Budget (OMB)
Circular A–119 (titled ‘‘Federal
Participation in the Development and
Use of Voluntary Consensus Standards
and in Conformity Assessment
Activities’’) reaffirms Federal agency
use of non-governmental standards in
procurement.
While Federal purchasing policy is
clear for the several standards and
ecolabels that are listed in statute,
regulation, or Executive Order, the lack
of guidance on using other product
environmental performance standards
and ecolabels often results in an
inconsistent approach by Federal
purchasers and confusion and
uncertainty for vendors and
manufacturers.
Therefore, in accordance with Federal
obligations under the NTTAA and OMB
Circular A–119 (see http://
www.standards.gov), EPA is requesting
comments on draft Guidelines that
could be used to select nongovernmental product environmental
performance standards and ecolabels for
voluntary use in Federal procurement.
Additionally, the Guidelines could
provide clarity regarding the term
‘‘environmentally preferable’’ for
purposes of Executive Order 13514,
building upon EPA’s ‘‘1999 Final
Guidance on Environmentally
Preferable Purchasing’’ (see http://
www.epa.gov/epp/pubs/guidance/
finalguidance.htm) which defines
‘‘environmentally preferable’’ to mean
products or services that ‘‘have a lesser
or reduced effect on human health and
the environment when compared with
competing products or services that
serve the same purpose. This
comparison may consider raw materials
acquisition, production, manufacturing,
packaging, distribution, reuse,
operation, maintenance or disposal of
the product or service’’.
As envisioned by EPA, guidelines for
standards and ecolabels that would be
used by the Federal government would
not be applied to products directly or to
government standards and ecolabels or
to non-governmental standards and
ecolabels that are already mandated for
procurement via statute or Executive
Order. Moreover, these draft Guidelines
are not intended to discontinue or
diminish procurement of products
conforming to government standards
and ecolabels. Existing mandates and
government standards and ecolabels
were influential in framing the draft
Guidelines, especially guidelines
regarding the environmental
effectiveness of a standard’s criteria.
These standards and ecolabels were

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later assessed for conformance with the
draft Guidelines and found to align in
principle (e.g., participatory process,
transparency), considering the
differences in administrative procedures
of the government and of standards
development organizations.
Rather, EPA envisions that nongovernmental standards and ecolabels
determined to be in conformance with
the Guidelines would supplement
existing mandates and government
standards and ecolabels. [For
illustration purposes, ‘‘product category
x’’ has a recovered content minimum of
20% per the EPA Comprehensive
Procurement Guidelines (CPG) (section
6002 of the Resource Conservation and
Recovery Act). A multi-attribute
environmental performance standard for
‘‘product category x’’ is determined to
conform to the Guidelines. Depending
on the standard, Federal procurement
officials could be informed that either
(1) the non-governmental standard
facilitates meeting the mandate (e.g., the
standard includes the CPG requirement
as a prerequisite) or (2) the nongovernmental standard addresses
important environmental
considerations, but does not necessarily
fully address the CPG requirement, so
the standard could be specified in
addition to the CPG requirement.]
B. How were these draft guidelines
developed?
In 2011 and 2012, EPA and the
General Services Administration (GSA)
convened several listening sessions to
solicit input regarding the Federal
Government’s role in sustainability. A
number of sessions were held following
the release of the National Academy of
Sciences report ‘‘Sustainability and the
U.S. EPA.’’ Other sessions were held
under the auspices of the Interagency
Workgroup established by GSA per
section 13 of Executive Order 13514:
Federal Leadership in Environmental,
Energy, and Economic Performance (74
FR 52117, October 8, 2009).
EPA heard some common themes
from suppliers, manufacturers,
environmental organizations, multistakeholder bodies, regulatory partners,
and others. Key points included: (1) The
desire for greater clarity in the
marketplace regarding standards and
ecolabels and (2) the opportunity to
leverage the Federal Government’s
purchasing power toward sustainability
goals.
The Interagency Workgroup
developed an initial set of draft
Guidelines and contracted with Big
Room Inc. (developers of
www.EcoLabelIndex.com) to test the
feasibility and appropriateness of the

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draft Guidelines. Big Room Inc.
conducted a survey of a subset of
government and non-governmental
environmental performance standards
and ecolabel developers. Based on the
results of the study and external
stakeholder input, the Interagency
workgroup revised the draft Guidelines.
C. Authorities
EPA is issuing this notice pursuant to
the authority in the Pollution
Prevention Act [42 U.S.C.A.
§ 13103(b)(11)] which requires EPA to
‘‘Identify opportunities to use Federal
procurement to encourage source
reduction’’ and Section 12(d) of the
NTTAA, which requires Federal
agencies to ‘‘use technical standards
that are developed or adopted by
voluntary consensus standards bodies,
using such technical standards as a
means to carry out policy objectives or
activities.’’
III. Draft Guidelines
The draft Guidelines are organized
into the following four sections:
• Section I, ‘‘Guidelines for the
Process for Developing Standards’’
addresses the procedures used to
develop, maintain, and update a
product environmental performance
standard.
• Section II, ‘‘Guidelines for the
Environmental Effectiveness of
Standards’’ addresses the criteria in the
standard or ecolabel that support the
claim of environmental preferability.
• Section III, ‘‘Guidelines for
Conformity Assessment’’ addresses the
procedures and practices by which
products are assessed for conformity to
the criteria specified by standards and
ecolabeling programs.
• Section IV, ‘‘Guidelines for
Management of Ecolabeling Programs’’
addresses the organizational and
management practices of an ecolabeling
program.
EPA recognizes that the level to
which sustainability practices have been
incorporated varies by industry sector
and even from product category to
product category. Therefore, a single,
one-size-fits-all approach to assessing
standards and ecolabels would not be
appropriate or useful. To address
differences among sectors, EPA is
requesting comment on an approach
that provides flexibility. For example,
each draft Guideline has been
designated either as ‘‘baseline’’ or
‘‘leadership.’’ Based on initial analysis,
draft ‘‘baseline’’ Guidelines align with
Federal goals and requirements, are
relatively straightforward to evaluate,
and are applicable across industry
sectors. Draft ‘‘leadership’’ Guidelines

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represent best practices and are
currently achievable by some standards
and ecolabels.
Another example of the flexibilities
EPA has considered arises with respect
to the draft Guidelines sections
addressing Conformity Assessment and
Management of Ecolabeling Programs.
Specifically, there may not be a
marketplace need for a second or thirdparty conformity assessment program
depending upon, among other factors,
the degree of risk associated with a
product’s nonconformity to the
standard. In those cases, a supplier’s
self-declaration of conformity would
suffice. Similarly, there may not be a
marketplace need for an ecolabel,
depending upon the type of product
and/or how it is procured. In those
cases, the Guidelines for Management of
Ecolabeling Programs would not apply.
The proposed draft Guidelines and
supplementary information can be
found at http://www.epa.gov/epp/
draftGuidelines.
IV. Pilot Program Under Consideration
In addition to seeking input on the
draft Guidelines themselves, EPA is
seeking input on how standards and
ecolabels should be assessed for
conformance to the Guidelines if they
are finalized and implemented. Based
on discussions with stakeholders, EPA
anticipates that a number of
organizations may be positioned to
respond to the need for assessment of
standards and ecolabels for conformity
with the Guidelines. Taking this into
account, EPA is considering a limited
pilot project, assuming sufficient
appropriations are available, to test an
assessment approach, especially with
respect to Guidelines addressing the
‘‘environmental effectiveness’’ of a
standard or ecolabel’s criteria. During
this pilot, EPA expects that an external
entity (or entities) would convene and
work with a multi-stakeholder panel (or
panels) to develop product categoryspecific programs to assess conformity
of standards and ecolabels with the
Guidelines. The entity (or entities)
would then conduct the assessments for
selected product categories in a manner
consistent with the International
Organization for Standardization’s
Guides on conformity assessment, and
develop a list of standards and ecolabels
that conform to the Guidelines. The
results from the pilot project would be
made publicly available and EPA would
evaluate the results to inform any future
action such as making available a list of
conforming standards and ecolabels for
voluntary use by Federal agencies in
procurement activities.

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The external entity (or entities) would
not perform any inherently
governmental functions such as
procurement policy, procurement
decisions, or strategic implementation
decisions.

Dated: November 15, 2013.
James Jones,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2013–28507 Filed 11–26–13; 8:45 am]
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V. Request for Comments
EPA is seeking public input on the
draft Guidelines and the concept of
assessing non-governmental standards
and ecolabels for voluntary use in
Federal procurement. Recognizing that
implementation of these draft
Guidelines will call for additional
stakeholder engagement and assessment
processes, EPA also welcomes comment
on the overall approach, including the
potential pilot project. In particular:
1. How might the Guidelines benefit
the broader marketplace?
2. Are there any draft Guidelines that
should be removed or modified? Are
there gaps in the draft Guidelines that
could be addressed by a new
Guideline(s)?
3. Are the designations of ‘‘baseline’’
and ‘‘leadership’’ in the draft Guidelines
understandable? Can the designations
be easily implemented? Do they
appropriately reflect varying approaches
in the marketplace today?
4. How should the leadership
Guidelines be applied to standards and
ecolabels in different product categories
(e.g., different weightings in an overall
conformity assessment scheme)?
5. What processes, approaches,
measures, and mechanisms should be
used to determine conformance with the
Guidelines, if they are finalized and
implemented?
6. Under what circumstances and
under what authorities, if any, should
the Federal Government require a
particular type of conformity assessment
to provide adequate confidence that the
products have met a particular
environmental performance standard or
ecolabel?
7. Are there alternatives to the pilot
project that EPA should consider?
8. If EPA were to move forward with
a pilot project to test the proposed
standards and ecolabels assessment
approach, which product categories
should be prioritized?
9. What challenges need to be
addressed/resolved in implementing the
proposed Guidelines in order to be a
transparent, fair, and consistent
process?
List of Subjects
Environmental protection,
government procurement, standards,
ecolabels, Guidelines.

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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9903–55–Region–5]

Notification of a Public Teleconference
of the Great Lakes Advisory Board
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:

The Environmental Protection
Agency (EPA) announces a public
teleconference of the Great Lakes
Advisory Board (GLAB). The purpose of
the teleconference is to conclude
discussions that will inform the
development of a draft Great Lakes
Restoration Initiative FY 2015–2019
Action Plan.
DATES: The public teleconference will
be held on Wednesday, December 11,
2013 from 1:00 p.m. to 3 p.m. Central
Time, 2 p.m. to 4 p.m. Eastern Time.
The teleconference number is: (877)
744–6030; Participant code: 11645588.
ADDRESSES: The public teleconference
will take place by telephone only.
FOR FURTHER INFORMATION: Any member
of the public wishing further
information regarding this
teleconference may contact Taylor
Fiscus, Acting Designated Federal
Officer (DFO), GLAB, by telephone at
312–353–6059 or email at
mailto:[email protected]. General
information on the Great Lakes
Restoration Initiative (GLRI) and the
GLAB can be found on the GLRI Web
site at http://www.glri.us.
SUPPLEMENTARY INFORMATION:
Background: The GLAB is a federal
advisory committee chartered under the
Federal Advisory Committee Act
(FACA), Public Law 92–463. EPA
established the GLAB in 2013 to provide
independent advice to the EPA
Administrator in her capacity as Chair
of the federal Great Lakes Interagency
Task Force. The GLAB conducts
business in accordance with FACA and
related regulations.
The GLAB consists of 18 members
appointed by EPA’s Administrator.
Members serve as representatives of
state, local and tribal government,
environmental groups, agriculture,
business, transportation, foundations,
educational institutions, and as
technical experts.
SUMMARY:

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The GLAB held a teleconference and
meeting on May 21–22, 2013 (as noticed
in 78 FR 26636–26637) and on
November 13, 2013 (as noted in 78 FR
66356) to discuss the development of a
draft FY 2015–2019 GLRI Action Plan.
The teleconference will provide
opportunity for members of the public
to submit oral comments in response to
the draft of the Great Lakes Restoration
Initiative FY 2015–2019 Action Plan.
Availability of Teleconference
Materials: The agenda and other
materials in support of the
teleconference will be available on the
GLRI Web site at http://www.glri.us in
advance of the teleconference.
Procedures for Providing Public Input:
Federal advisory committees provide
independent advice to federal agencies.
Members of the public can submit
relevant comments for consideration by
the GLAB. Input from the public to the
GLAB will have the most impact if it
provides specific information for the
GLAB to consider. Members of the
public wishing to provide comments
should contact the Acting DFO directly.
Oral Statements: In general,
individuals or groups requesting an oral
presentation at this public
teleconference will be limited to three
minutes per speaker, subject to the
number of people wanting to comment.
Interested parties should contact the
Acting DFO in writing (preferably via
email) at the contact information noted
above by December 9, 2013 to be placed
on the list of public speakers for the
teleconference.
Written Statements: Written
statements must be received by
December 9, 2013 so that the
information may be made available to
the GLAB for consideration. Written
statements should be supplied to the
Acting DFO in the following formats:
One hard copy with original signature
and one electronic copy via email.
Commenters are requested to provide
two versions of each document
submitted: one each with and without
signatures because only documents
without signatures may be published on
the GLRI Web page.
Accessibility: For information on
access or services for individuals with
disabilities, please contact the Acting
DFO at the phone number or email
address noted above, preferably at least
10 days prior to the teleconference, to
give EPA as much time as possible to
process your request.
Dated: November 20, 2013.
Cameron Davis,
Senior Advisor to the Administrator.
[FR Doc. 2013–28527 Filed 11–26–13; 8:45 am]
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