Proposed Settlement Agreement, Clean Air Act Citizen Suit

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 Automotive Refrigeration Products Institute, Automotive Aftermarket Industry Association, and Interdynamics (collectively, "Petitioners"): Automotive Refrigeration Products Institute, and Automotive Aftermarket Industry Association, et al. v. EPA, No. 04-1158 (DC Cir.) (consolidated with No. 04-1159). On May 11, 2004, Petitioners filed petitions for review challenging the EPA's final rule entitled "Protection of Stratospheric Ozone; Refrigerant Recycling Substitute Refrigerants" published on March 12, 2004 (69 FR 11945). Under the terms of the proposed settlement agreement, EPA will undertake rulemaking acting to make certain corrections to the rule at issue. EPA will provide notice in the Federal Register and an opportunity for public comment. No later than 60 days after the date this Agreement becomes final, EPA shall sign either a notice of proposed rulemaking or a notice of direct final rulemaking and concurrent proposal to correct definitions of "refrigerant" and "technician" and to ensure that it remains illegal to knowingly vent certain substances during described activities.