G/TBT/N/USA/1987  
2 May 2023  
(23-3084) Page: 1/3 
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:   
U.S. Environmental Protection Agency (EPA) [2018]  
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 indic ated 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 [X], 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):  Heavy -
Duty Highway Vehicles and Engines; Automobile and Light Duty Motor Vehicles; Zero -
Emission Vehicles; Plug -in Hybrid and Battery Electric Vehicles; and Locomotives, New 
Engines Used in Locomotives; Environmental protection (ICS code(s): 13.020); Air quality 
(ICS code(s): 13.040); Road vehicles in general (ICS code(s): 43.020); Road vehicle 
systems (ICS code(s): 4 3.040); Internal combustion engines for road vehicles (ICS 
code(s): 43.060); Commercial vehicles (ICS code(s): 43.080); Passenger cars. Caravans 
and light trailers (ICS code(s): 43.100); Electric road vehicles (ICS code(s): 43.120); 
Special purpose vehicle s (ICS code(s): 43.160); Diagnostic, maintenance and test 
equipment (ICS code(s): 43.180); Railway engineering in general (ICS code(s): 45.020)  
5. Title, number of pages and language(s) of the notified document:  Greenhouse Gas 
Emissions Standards for Heav y-Duty Vehicles - Phase 3; (236 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking and notification of public hearing 
to be held on 2 May and 3 May 2023 - The Environmental Protection Agency (EPA) is 
proposing to promulgate new GHG standards for heavy -duty highway vehicles  starting in 
model year (MY) 2028 through MY 2032 and to revise certain GHG s tandards for MY 2027 
that were established previously under EPA's Greenhouse Gas Emissions and Fuel 
Efficiency Standards for Medium - and Heavy -Duty Engines and Vehicles - Phase 2 rule 
("HD GHG Phase 2 "). This document proposes updates to discrete elements of the 
Averaging Banking and Trading program, including a proposal to eliminate the last MY 
year of the HD GHG Phase 2 adva nced technology incentive program for certain types of 
electric highway heavy -duty vehicles. EPA is proposing to add warranty requirements for 
batteries and other components of zero -emission vehicles and to require customer -facing 
battery state -of-health m onitors for plug -in hybrid and battery electric vehicles. In this 
document, we are also proposing additional revisions and clarifying and editorial 
amendments to certain highway heavy -duty vehicle provisions and certain test 
procedures for heavy -duty engin es. Finally, as part of this action, EPA is proposing to G/TBT/N/USA/1987  
 
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  revise its regulations addressing preemption of state regulation of new locomotives and 
new engines used in locomotives.  
A two -day virtual public hearing will be held on 2 May and 3 May 2023. An add itional 
session may be held on 4 May 2023, if necessary to accommodate the number of testifiers 
that sign up to testify.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment; Quality requirements  
8. Relevant documents:   
88 Federal Register (FR) 25926, 27 April 2023; Title 40 Code of Federal Regulations (CFR)  
Parts 1036, 1037, 1054, 1065, 1074 
https://www.govinfo.gov/content/pkg/FR -2023-04-27/html/2023 -07955.htm  
https://www.govinfo.gov/content/pkg/FR -2023-04-27/pdf/2023 -07955. pdf 
88 FR 23388, 17 April 2023; Title 40 Code of Federal Regulations (CFR) Parts 1036, 1037, 
1054, 1065, 1074  
https://www.govinfo.gov/content/pkg/FR -2023-04-17/html/2023 -07964.htm  
https://www.govinfo.gov/content/pkg/FR -2023-04-17/pdf/2023 -07964.pdf  
Action: Notification of public hearing.  
SUMMARY: A two -day virtual public hearing will be he ld on 2 May and 3 May 2023 on its 
proposal titled "Greenhouse Gas Emissions Standards for Heavy -Duty Vehicles - Phase 
3," which was signed by Administrator Regan on 11 April 2023. An additional session may 
be held on 4 May 2023, if necessary to accommodate  the number of testifiers that sign 
up to testify. All hearing attendees (including those who do not intend to provide 
testimony) should notify EPA of their intent to attend or speak at the hearing by 
preregistering, preferably by email to EPA-HD-Hearings@epa.gov , or by contacting the 
contact person listed under FOR FURTHER INFORMATION CONTACT below. Additional 
information regarding the hearing appears under the section SUPPLEMENTARY 
INFORMATION. FOR FURTHER IN FORMATION CONTACT: Amy Kopin, Office of 
Transportation and Air Quality, Assessment and Standards Division (ASD), Environmental 
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105 USA; telephone 
number: + 1 734 -214-4173; email address: EPA-HD-Hearings@epa.gov . 
The notice of proposed rulemaking and the notification of public hearing are identified by 
Docket Number EPA -HQ-OAR-2022-0985. The Docket Folder is available on 
Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-OAR-2022-
0985/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 from 
WTO Members and their stakeholders by 4pm Eastern Time  on 16 June 2023 will be 
shared with  the regulator and will also be submitted to the Docket  on Regulations.gov if 
received within the comment period.  
G/TBT/N/USA/1011 and subsequent addenda and corrigendum  - Greenhouse Gas 
Emissions and Fuel Efficiency Standards for Medium - and Heavy -Duty Engines and 
Vehicles - Phase 2,  EPA-HQ-OAR-2014-0827 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  16 June 2023  G/TBT/N/USA/1987  
 
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  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_09384_00_e.pdf