G/TBT/N/USA/1837/Rev.1  
2 May 2023  
(23-3071) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
The following notification is being circulated in accordance with Article 10.6.  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Articles 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA)  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be indicated if diff erent from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading.  ICS numbers may be provided in addition, where applicable):  Coal- and 
oil-fired electric utility steam generating units; Steam or other vapour generating boilers 
(excl. centr al heating hot water boilers capable also of producing low pressure steam); 
superheated water boilers; parts thereof (HS code(s): 8402); Quality (ICS code(s): 
03.120); Air quality (ICS code(s): 13.040); Burners. Boilers (ICS code(s): 27.060)  
5. Title, num ber of pages and language(s) of the notified document:  National 
Emission Standards for Hazardous Air Pollutants: Coal - and Oil -Fired Electric Utility Steam 
Generating Units --Revocation of the 2020 Reconsideration, and Affirmation of the 
Appropriate and Nec essary Supplemental Finding; (43 page(s), in English)  
6. Description of content:  Proposed rule - The EPA is proposing to amend the National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for Coal - and Oil -Fired Electric 
Utility Steam Generating Units (EGUs) , commonly known as the Mercury and Air Toxics 
Standards (MATS) . Specifically, the EPA is proposing to amend the surrogate standard for 
non-mercury (Hg) metal HAP (filterable particulate matter (fPM)) for existing coal -fired 
EGUs; the fPM compliance demonstratio n requirements; the Hg standard for lignite -fired 
EGUs; and the definition of startup. These proposed amendments are the result of the 
EPA's review of the 22 May 2020 residual risk and technology review (RTR) of MATS . 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment; Quality requirements   G/TBT/N/USA/1837/Rev.1  
 
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  8. Relevant documents:  88 Federal Register (FR) 24854, 1 May 2023; Title 40 Code of 
Federal Regulations (CFR) Part 63:  
https://www.govinfo.gov/content/pkg/FR -2023-04-24/html/2023 -07383.htm  
https://www.govinfo.gov/content/pkg/FR -2023-04-24/pdf/2023 -07383.pdf  
The EPA will hold a virtual publ ic hearing on 9 May 2023 that will convene at 11 a.m.  
Eastern Time (ET)  and conclude at 7 p.m. ET. If the EPA  receives a high volume of 
registrations for the public hearing, we may continue the public hearing on 10 May 2023. 
The EPA may close a session 15 minutes after the last pre -registered speaker has testified 
if there are no additional speakers. The EPA will  announce further details at 
https://www.epa.gov/stationary -sources -air-pollution/mercury -and-air-toxics -
standards . 
This proposed rule and previous action s notified under the symbol G/TBT/N/USA/1837  are 
identified by Docket Number EPA -HQ-OAR-2018-0794. The Docket Folder is available 
from Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-OAR-2018-
0794/document  and provides access to primary and supporting documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searching 
the Docket Number. WTO Members and their stakeholders are asked to submit comments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 23 June 2023. Comments 
received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be 
shared with the regulator and will also be submitted to the Docket  on Regulations.gov if 
received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  23 June 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_9370_00_e.pdf