G/TBT/N/USA/1459  
 
4 April 2019  
(19-2138) 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 AME RICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA) [1482]  
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 different 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 [  ], 5.7.1 [  ], other :  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Electric 
utility generating units emissions; Electric motors and generators (excluding generating 
sets) (HS 8501); Air quality (ICS 13.040), R otating machinery (ICS 29.160)  
5. Title, number of pages and language(s) of the notified document:  Review of 
Standards of Performance for Greenhouse Gas Emissions From New, Modified, and 
Reconstructed Stationary Sources: Electric Utility Generating Units (41 page(s), in 
English)  
6. Description of content:  The Environmental Protection Agency (EPA) is proposing 
amendments to the rulemaking titled "Standards of Performance for Greenhouse Gas 
Emissions from New, Modified, and Reconstructed Stationary Sources:  Electric Utility 
Generating Units (EGUs)," which the EPA promulgated by notice dated 23 October 2015 
(i.e., the 2015 Rule). Specifically, the EPA proposes to amend its previous determination 
that the best system of emission reduction (BSER) for newly cons tructed coal -fired steam 
generating units (i.e., EGUs) is partial carbon capture and storage (CCS). Instead, the 
EPA proposes to find that the BSER for this source category is the most efficient 
demonstrated steam cycle (e.g., supercritical steam condition s for large units and 
subcritical steam conditions for small units) in combination with the best operating 
practices. The EPA proposes to revise the standard of performance for newly constructed 
steam generating units as separate standards of performance f or large and small steam 
generating units that reflect the Agency's amended BSER determination. In addition, the 
EPA proposes to revise the standard of performance for reconstructed steam generating 
units to be separate standards of performance for reconst ructed large and small steam 
generating units, consistent with the proposed revised standards for newly constructed 
steam generating units. The EPA also proposes separate standards of performance for 
newly constructed and reconstructed coal refuse -fired EG Us. In addition, the EPA 
proposes to revise the maximally stringent standards for large modifications of steam 
generating units to be consistent with the standards for reconstructed large and small 
steam generating units. The EPA is not proposing to amend and is not reopening the 
standards of performance for newly constructed or reconstructed stationary combustion 
turbines. The EPA is also proposing to make other miscellaneous technical changes in the 
regulatory requirements.  G/TBT/N/USA/1459  
 
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  7. Objective and rationale, in cluding the nature of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:   
• 83 Federal Register (FR) 65424, 20 December 2018; Title 40 Code of Federal 
Regulations (CFR) Part 60.  Will appear in the Federal Register when adopted.  
• Review of Standards of Performance for Greenhouse Gas Emissions From New, 
Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, 
Extension of public comment period published 7 February 2019: 
https://www.govinfo.gov/content/pkg/FR -2019-02-07/html/2019 -01365.htm  
https://www.govinfo.gov/content/pkg/FR -2019-02-07/pdf/2019 -01365.pdf  
• Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric 
Utility Generating Units, Final Rule published 23 October 2015: 
https://www.govinfo.gov/content/pkg/FR -2015-10-23/html/2015 -22842.htm  
https://www.govinfo.gov/content/pkg/FR -2015-10-23/pdf/2015 -22842.pdf   
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 March 2019  
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/2019/TBT/USA/19_1869_00_e.pdf