G/TBT/N/USA/2003  
25 May 2023  
(23-3575) 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) [2034]  
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):  Substitute 
refrigerants; commercial and industrial refrigeration; commercial refrigerating appliances 
and commerci al ice machines; Environmental protection (ICS code(s): 13.020); 
Refrigerating technology (ICS code(s): 27.200); Production in the chemical industry (ICS 
code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100); Commercial 
refrigerating ap pliances (ICS code(s): 97.130.20); Sports facilities (ICS code(s): 
97.220.10)  
5. Title, number of pages and language(s) of the notified document:  Protection of 
Stratospheric Ozone: Listing of Substitutes Under the Significant New Alternatives Policy 
Progr am in Commercial and Industrial Refrigeration; (76 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking - Pursuant to the U.S. 
Environmental Protection Agency's Significant New Alternatives  Policy program , this 
action proposes to list certain substances in the refrigeration and air conditioning sector. 
Specifically, EPA proposes to list several substitutes as acceptable, subject to use 
conditions, for retail food refrigeration, commercial ic e machines, industrial process 
refrigeration, cold storage warehouses, and ice skating rinks. Through this action, EPA is 
proposing to incorporate by reference standards which establish requirements for 
commercial refrigerating appliances and commercial ic e machines, safe use of flammable 
refrigerants, and safe design, construction, installation, and operation of refrigeration 
systems. This action also proposes to exempt propane, in the refrigerated food processing 
and dispensing end -use, from the prohibiti on under the Clean Air Act (CAA)  on knowingly 
venting, releasing, or disposing of substitute refrigerants, on the basis of current evidence 
that the venting, release, or disposal of  this substance in this end -use does not pose a 
threat to the environment.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  G/TBT/N/USA/2003  
 
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  8. Relevant documents:   
88 Federal Register (FR) 33722, 24 May 2023; Title 40 Code of Federal Regulations (CFR) 
Part 82:  
https://www.govinfo.gov/content/pkg/FR -2023-05-24/html/2023 -09600.htm  
https://www.govinfo.gov/content/pkg/FR -2023-05-24/pdf/2023 -09600.pdf  
This notice of proposed rulemaking is identified by Docket Number EPA -HQ-OAR-2023-
0043. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket /EPA-HQ-OAR-2023-0043/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 stake holders are asked to submit comments to the USA TBT Enquiry Point  by or 
before 4pm Eastern Time  on 10 July 2023. Comments r eceived 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 r eceived 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:  10 July 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_09799_00_e.pdf