[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Notices]
[Pages 72193-72195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27259]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7847-3]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

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

[[Page 72194]]

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.

DATES: Written comments on the proposed settlement agreement must be 
received by January 12, 2005.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0011, online at http://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to <a href="/cdn-cgi/l/email-protection#4a252f23642e2529212f3e0a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="4d2228246329222e2628390d283d2c632a223b">[email protected]</span></a>; mailed 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 B102, 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 Wordperfect 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: Padmini Singh, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5641.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    Petitioners filed petitions for review of EPA's final rule entitled 
`` Protection of Stratospheric Ozone; Refrigerant Recycling; Substitute 
Refrigerants, 69 FR 11945 (March 12, 2004), challenging the final rule. 
Once implemented the Settlement Agreement (the ``Agreement'') would 
resolve these petitions for review. The Agreement, which is subject to 
CAA section 113(g), provides that EPA shall sign either a notice of 
proposed rulemaking or a notice of direct final rulemaking and 
concurrent proposal to correct the definitions of ``refrigerant'' and 
``technician.'' In addition, EPA will propose to amend 40 CFR 82.154(a) 
to ensure that it will continue to be illegal to knowingly vent pure 
HFCs, pure PFCs, class I or class II ozone-depleting substance, and 
blends of these substances during the service, maintenance, repair, or 
disposal of appliances.
    The Agreement also provides that within five days of its execution 
by the Parties but before the Agreement becomes final, the Parties 
shall file a joint motion with the Court notifying it of this Agreement 
and requesting that this case be held in abeyance pending 
implementation of the terms of the Agreement. Petitioners agree to 
voluntarily dismiss this case within 30 days of final agency action if 
EPA takes action as described in the Agreement.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the proposed settlement agreement from persons who were not named as 
parties or interveners 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 determine, based on any comment which may be 
submitted, that consent to the settlement agreement should be 
withdrawn, the terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement

A. How Can I Get A Copy of the Settlement?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2004-0011 which contains a copy of the settlement. 
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 B102, 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 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ 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, select ``search,'' 
then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or on paper, will be made available 
for public viewing in EPA's electronic public docket as EPA receives 
them and 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 EPA's 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 e-mail 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

[[Page 72195]]

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.
    Your use of EPA's electronic public docket 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, e-mail 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 
(e-mail) system is not an ``anonymous access'' system. If you send an 
e-mail comment directly to the Docket without going through EPA's 
electronic public docket, your e-mail 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: December 2, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 04-27259 Filed 12-10-04; 8:45 am]
BILLING CODE 6560-50-P


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