G/TBT/N/USA/1837  
23 February 2022  
(22-1755) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
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 (Article 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA) [1866]  
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 i f different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]: EPA 
has determined it is appropriate to regulate hazardous air pollutants (HAP) emissions 
from coal - and oil -fired electric utility steam generating units (EGUs) after weighing the 
volume of pollution that would be reduced through regulation, the public h ealth risks and 
harms posed by these emissions, the impacts of this pollution on particularly exposed and 
sensitive populations, the availability of effective controls, and the costs of reducing this 
harmful pollution including the effects of control costs  on the EGU industry and its ability 
to provide reliable and affordable electricity.  
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. central heating hot water boilers capable also of producing low pressure steam); 
super -heated water boilers; parts thereof (HS 8402); Air quality (ICS 13.040), Burners. 
Boilers (ICS 27.060)  
5. Title, number 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 R econsideration, and Affirmation of the 
Appropriate and Necessary Supplemental Finding (50 page(s), in English)  
6. Description of content:  Proposed rule - The EPA is proposing to revoke a 22 May 2020 
finding that it is not appropriate and necessary to regu late coal - and oil -fired electric 
utility steam generating units (EGUs) under Clean Air Act (CAA) section 112, and to 
reaffirm the Agency's 25 April 2016 finding that it remains appropriate and necessary to 
regulate hazardous air  pollutant (HAP) emissions from EGUs after considering cost. The 
Agency  is also reviewing another part of the 22 May 2020 action, a residual  risk and 
technology review (RTR) of Mercury and Air Toxics Standards  (MATS). Accordingly, in 
addition to soliciting comments on all aspects  of this proposal, the EPA is soliciting 
information on the   performance  and cost of new or improved technologies that control 
HAP emissions,  improved methods of operation, and risk -related information to 
further  inform the Agency's review of the MATS RTR as directed by Executive   
Order 13990.  G/TBT/N/USA/1837  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:  87 Federal Register (FR) 7624, 9 February  2022; Title 40  Code 
of Federal Regulations (CFR) Part 63:  
https://www.govinfo.gov/content/pkg/FR -2022-02-09/html/2022 -02343.htm  
https://www.govinfo.gov/content/pkg/FR -2022-02-09/pdf/2022 -02343.pdf  
This proposed rule is 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 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 11 April 2022.  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.   
National E mission Standards for Hazardous Air Pollutants: Coal -and Oil -Fired Electric 
Utility Steam Generating Units --Reconsideration of Supplemental Finding and Residual 
Risk and Technology Review; Proposed Rule published 7 February 2019:    
https://www.govinfo.gov/content/pkg/FR -2019-02-07/html/2019 -00936.htm   
https://www.govi nfo.gov/content/pkg/FR -2019-02-07/pdf/2019 -00936.pdf   
 Final Rule published 22 May 2021:  
https://www.govinfo.gov/content/pkg/FR -2020-05-22/html/2020 -08607.htm   
https://www.govinfo.gov/content/pkg/FR -2020-05-22/pdf/2020 -08607.pdf   
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  11 April 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_1758_00_e.pdf