G/TBT/N/USA/2001  
24 May 2023  
(23-3536) 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) [2033]  
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):  
Greenhouse gas emissions; new, modified, and reconstructed fossil fuel -fired electric 
generating units; Environmen tal protection (ICS code(s): 13.020); Air quality (ICS 
code(s): 13.040); Gas and steam turbines. Steam engines (ICS code(s): 27.040); 
Rotating machinery (ICS code(s): 29.160)  
5. Title, number of pages and language(s) of the notified document:  New Source 
Performance Standards for Greenhouse Gas Emissions From New, Modified, and 
Reconstructed Fossil Fuel -Fired Electric Generating Units; Emission Guidelines for 
Greenhouse Gas Emissions From Existing Fossil Fuel -Fired Electric Generating Units; and 
Repeal of t he Affordable Clean Energy Rule; (181 page(s), in English)  
6. Description of content:  Proposed rule - In this document, the Environmental Protection 
Agency (EPA) is proposing five separate actions under section 111 of the Clean Air Act 
(CAA)  addressing greenhouse gas (GHG) emissions from fossil fuel -fired electric 
generating units (EGUs). The EPA is proposing revised new source performance standards 
(NSPS), first for GHG emissions f rom new fossil fuel -fired stationary combustion turbine 
EGUs and second for GHG emissions from fossil fuel -fired steam generating units that 
undertake a large modification, based upon the 8 -year review required by the CAA. Third, 
the EPA is proposing emiss ion guidelines for GHG emissions from existing fossil fuel -fired 
steam generating EGUs, which include both coal -fired and oil/gas -fired steam generating 
EGUs. Fourth, the EPA is proposing emission guidelines for GHG emissions from the 
largest, most frequen tly operated existing stationary combustion turbines and is soliciting 
comment on approaches for emission guidelines for GHG emissions for the remainder of 
the existing combustion turbine category. Finally, the EPA is proposing to repeal the 
Affordable Cle an Energy (ACE) Rule.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment  G/TBT/N/USA/2001  
 
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  8. Relevant documents:   
88 Federal Register (FR) 33240, 23 May 2023; Title 40 Code of Federal Regulations (CFR) 
Part 60:  
https://www.govinfo.gov/content/pkg/FR -2023-05-23/html/2023 -10141.htm  
https: //www.govinfo.gov/content/pkg/FR -2023-05-23/pdf/2023 -10141.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OAR-2023-0072. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OAR-2023-0072/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 stakeholders are asked to submit co mments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 24 July 2023. Comments 
received 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 
received within the comment per iod. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  24 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_09784_00_e.pdf  
 
 
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