G/TBT/N/USA/2051  
25 September 2023  
(23-6370) 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) [2082]  
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 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: To address the immediate compliance obligations for the regulated community 
following the addition of a new hazardous air pollutant (HAP) (1 -bromopropane or 1 -BP 
(also known as n -propyl bromide (nPB)). This is only one part of the overall program to 
incorporate a new HAP into the Clean Air Act (CAA) section 112 regulatory framework. 
Future actions within individual NESHAP will address rule -specific issues, including 
identification of the sources that emit the new HAP; promulgati on of standards, as 
warranted, that include the new HAP by either revising existing NESHAP standards or 
establishing new standards, as necessary; and identification of engagement and outreach 
needs with affected communities and other entities.  
4. Products  covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Hazardous 
air pollutants; Environmental protection (ICS code(s): 13.020); Air quality (ICS code(s): 
13.040)  
5. Title, num ber of pages and language(s) of the notified document:  Regulatory 
Requirements for New HAP Additions; (15 page(s), in English)  
6. Description of content:  Proposed rule - The U.S. Environmental Protection Agency 
(EPA) is proposing to amend the General Prov isions for National Emission Standards for 
Hazardous Air Pollutants (NESHAP)  to address app licability and compliance issues 
resulting from the addition of a compound to the list of hazardous air pollutants (HAP) 
under the Clean Air Act (CAA) . This action focuses on issues related to newly applicable 
standards for sources that become major sources solely from the addition of a compound 
to the CAA HAP list. This action also includes a discussion of the impacts of a newly listed 
HAP on the fe deral operating permit program.  
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/2051  
 
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  8. Relevant documents:   
88 Federal Register (FR) 62711, 22 September 2023; Title 40 Code of Federal Regulations 
(CFR) Part 63:  
https://www.govinfo.gov/content/pkg/FR -2023-09-13/html/2023 -19674.htm  
https://www.govinfo.gov/content/pkg/FR -2023-09-13/pdf/2023 -19674.pd f 
This proposed rule is identified by Docket Number EPA -HQ-OAR-2022-0441. The Docket 
Folder is available on Regulations.gov at https://www.re gulations.gov/docket/EPA -HQ-
OAR-2022-0441/document  and provides access to primary and supporting documents as 
well as comments received. Documents are also accessible from Regulat ions.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 13 November 
2023. Com ments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with EPA 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:  13 November 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/20 23/TBT/USA/23_12583_00_e.pdf