G/TBT/N/USA/1735  
27 May 2021  
(21-4395) 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) [1760]  
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]:  
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 13.020), Production in the chemical 
industry (ICS 71.020), Products of th e chemical industry (ICS 71.100)  
5. Title, number of pages and language(s) of the notified document:  Phasedown of 
Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program Under 
the American Innovation and Manufacturing Act (74 page(s) , in English)  
6. Description of content:  Proposed rule - The Environmental Protection Agency is 
proposing to issue  regulations to implement certain provisions of the American Innovation 
and Manufacturing Act, as enacted on 27 December 2020. This rulemakin g proposes to: 
Establish the hydrofluorocarbon production and consumption baselines based on historical 
data; establish the allowance allocation program to phase down hydrofluorocarbon 
production and consumption; determine an initial methodology to allocat ing allowances 
and allowing for the transfer of those allowances; establish provisions for the international 
transfer of allowances; establish requirements to support compliance with phasing down 
hydrofluorocarbon production and consumption; establish reco rdkeeping and reporting 
requirements; release certain data to provide transparency and support implementation 
of the program; and, address certain other elements related to the effective 
implementation of the American Innovation and Manufacturing Act. In a ddition to the 
proposed provisions, EPA is seeking advance input on how the Agency may alter its 
determination of company -specific allocations in later years. EPA is considering these 
issues, and therefore is seeking public input on them, but is not making  any particular 
proposal in relation to them, and therefore will not finalize any requirements on these 
topics before issuing a notice of proposed rulemaking and requesting public comment.  
7. Objective and rationale, including the nature of urgent problem s where 
applicable:  Protection of the environment  
8. Relevant documents:   
86 Federal Register (FR) 27150, 19 May  2021; Title 40 Code of Federal Regulations 
(CFR) Parts 9 and 84:    G/TBT/N/USA/1735  
 
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  https://www.govinfo.gov/content/pkg/FR -2021-05-19/html/2021 -09545.htm  
https://www.govinfo.gov/content/pkg/FR -2021-05-19/pdf/2021 -09545.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OAR-2021-0044. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OAR-2021-0044/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 . Comments received by the USA TBT Enquiry 
Point fr om 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:  6 July 2021  
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/2021/TBT/USA/21_3681_00_e.pdf