Mandatory Patent Licenses Under Section 308 of the Clean Air Act

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EPA proposes to issue a rule under section 308 of the Clean Air Act (CAA) that will establish the policies and procedures EPA will follow prior to applying to the Attorney General for a mandatory license under a patent covering an air pollution control technology. Section 104(b) of the North American Free Trade Implementation Act requires EPA to issue regulations conforming CAA section 308 with article 1709 of the North American Free Trade Agreement (NAFTA). The policies and procedures defined in the proposed rule are designed to ensure that EPA's implementation of CAA section 308 will conform with the requirements of NAFTA article 1709(10).