G/TBT/N/USA/1994  
11 May 2023  
(23-3308) 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) [2025]  
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):  Ethylene 
Production; Environmental protection (ICS code(s): 13.020); Air quality (ICS code(s): 
13.040); Production  in the chemical industry (ICS code(s): 71.020); Organic chemicals 
(ICS code(s): 71.080); Products of the chemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  National 
Emission Standards for Hazardous  Air Pollutants: Ethylene Production, Miscellaneous 
Organic Chemical Manufacturing, Organic Liquids Distribution (Non -Gasoline), and 
Petroleum Refineries Reconsideration; (17 page(s), in English)  
6. Description of content:  Proposed rule; reconsideration o f final rule - On 6 July 2020, 
the U.S. Environmental Protection Agency (EPA) finalized the residual risk and technology 
review (RTR) conducted for the Ethylene Production source category, which is part of the 
Generic Maximum Achievable Control Technology (GMACT) Standards National Emission 
Standards for Hazardous Air Pollutants (NESHAP); on 7 July 2020, the EPA finalized the 
RTR conducted for the Organic Liquids Distribution (Non -Gasoline) NESHAP; and on 12 
August 2020, the EPA finalized the RTR conducted for the Miscellaneous Organic Chemical 
Manufacturing NESHAP. Amendments to the Petroleum Refineries NESHAP were most 
recently finalized on 4 February 2020. Subsequently, the EPA received and granted 
various petitions for reconsideration on these NESHAP for , among other things, the 
provisions related to the work practice standards for pressure relief devices (PRDs), 
emergency flaring, and degassing of floating roof storage vessels. In response to the 
petitions, the EPA is proposing amendments to the work pra ctice standards for PRDs, 
emergency flaring, and degassing of floating roof storage vessels. In addition, the EPA is 
proposing other technical corrections and clarifications for each of the rules. The EPA will 
not respond to comments addressing any other i ssues or any other provisions of the final 
rule not specifically addressed in this proposed rulemaking.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment  G/TBT/N/USA/1994  
 
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  8. Relevant documents:   
88 Federal Register (FR) 25574, 27 April 2023; Title 40 Code of Federal Regulations (CFR) 
Part 63:  
https://www.govinfo.gov/content/pkg/FR -2023-04-27/html/2023 -07627.htm  
https://www.govinfo.gov/content/pkg/FR -2023-04-27/pdf/2023 -07627.pdf  
This proposed rule; reconsideration of final rule is identified by Docket Number EPA -HQ-
OAR-2022-0787.  The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/EPA -HQ-OAR-2022-0787/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 12 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.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  12 June 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_09599_00_e.pdf