G/TBT/N/USA/2059  
20 October 2023  
(23-7071) 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) [2090]  
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 [  ], 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):  
Hydrofluorocarbons; Environmental protection (ICS code(s): 13.020); Production in th e 
chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 
71.100)  
5. Title, number of pages and language(s) of the notified document:  Phasedown of 
Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitute s Under 
Subsection (h) of the American Innovation and Manufacturing Act of 2020; (97 page(s), 
in English)  
6. Description of content:  Notice of proposed rulemaking and advance notice of proposed 
rulemaking - The U.S. Environmental Protection Agency is prop osing to issue regulations 
to implement certain provisions of the American Innovation and Manufacturing Act of 
2020. This rulemaking pro poses to establish a program for the management of 
hydrofluorocarbons that includes requirements for leak repair and use of automatic leak 
detection systems for certain equipment using refrigerants containing hydrofluorocarbons 
and certain substitutes; req uirements for the use of reclaimed hydrofluorocarbons in 
certain sectors or subsectors; the use of recycled hydrofluorocarbons in fire suppression 
equipment; recovery of hydrofluorocarbons from cylinders; container tracking; and 
certain recordkeeping, repo rting, and labeling requirements. The Environmental 
Protection Agency is also proposing alternative Resource Conservation and Recovery Act  
standards for spent ignitable refrigerants being recycled for reuse. Finally, EPA requests 
advance comment on approaches for establishing requirements for technician training 
and/or certification. EPA will hold a virtual public hearing on o r about 3 November 2023. 
The date, time, and other relevant information for the virtual public hearing will be 
available at https://www.epa.gov/climate -hfcs-reduction .  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment  G/TBT/N/USA/2059  
 
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  8. Relevant documents:   
88 Federal Register (FR) 72216, 19 October 2023; Title 40  Code of Federal Regulations 
(CFR) Parts 84, 261, 262, 266, 270, and 271: 
https://www.govinfo.gov /content/pkg/FR -2023-10-19/html/2023 -22526.htm  
https://www.govinfo.gov/content/pkg/FR -2023-10-19/pdf/2023 -22526.pdf  
This notice of proposed rulemaking and advance notice of proposed rulemaking is 
identified by Docket Number EPA -HQ-OAR-2022-0606. The Docket Folder is available on 
Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-OAR-2022-
0606/document  and provides access to primary and supporting documents as well as 
comments re ceived. 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 . Comments received by the USA TBT Enquiry Point from 
WTO Members and their stakeholders by 4pm Eastern Time  on 18 December 2023 will be 
shared with the regulator and will also be submitted to the Docket  on Regulations.gov if 
received within the comment period.  
Phasedown of Hydrofluorocarbons: Notice of 2024 Allowance Allocations for Production 
and Consumpti on of Regulated Substances Under the American Innovation and 
Manufacturing Act of 2020, and Notice of Final Administrative Consequences published 19 
October 2023 identified by Docket Number EPA-HQ-OAR-2021-0669: 
https://www.govinfo.gov/content/pkg/FR -2023-10-19/html/2023 -22163.htm  
https://www.govinfo.gov/content/pkg/FR -2023-10-19/pdf/2023 -22163.pdf  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 December 2023  
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/2023/TBT/USA/23_13065_00_e.pdf