G/TBT/N/USA/2035  
17 August 2023  
(23-5579) 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) [2065]  
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 [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):  Air 
emissions; Quality (ICS code(s): 03.120); Environmental protection (ICS code(s):  
13.020); Air quality (ICS code(s): 13.040)  
5. Title, number of pages and language(s) of the notified document:  Revisions to the 
Air Emissions Reporting Requirements; (105 page(s), in English)  
6. Description of content:  Proposed rule and notice of virtua l public hearing on 30 August 
2023 - This action proposes changes to the EPA's Air Emissions Reporting Requirements 
(AERR) . The proposed amendments may require changes to current regulations of State, 
local, and certain tribal air agencies; would require these agencies to report emissions 
data to the EPA using different approaches from current requirements; and would requi re 
owners/operators of some facilities to report additional emissions data. More specifically, 
the EPA is proposing to require certain sources report information regarding emission of 
hazardous air pollutants (HAP); certain sources to report criteria air p ollutants, their 
precursors and HAP; and to require State, local, and certain tribal air agencies to report 
prescribed fire data. The proposed revisions would also define a new approach for optional 
collection by air agencies of such information on HAP by which State, local and certain 
tribal air agencies may implement requirements and report emissions on behalf of 
owners/operators. The proposed revisions would also make the requirements for point 
sources consistent for every year; phase in earlier deadline s for point source reporting; 
and add requirements for reporting fuel use data for certain sources of electrical 
generation associated with peak electricity demand. The proposed revisions include 
further changes for reporting on airports, rail yards, comme rcial marine vessels, 
locomotives, and nonpoint sources. For owners/operators of facilities that meet criteria 
described in this proposal, the proposed revisions would require reporting of performance 
test and performance evaluation data to the EPA for all  tests conducted after the effective 
date provided in the final rulemaking. The EPA also proposes to clarify that information 
the EPA collects through the AERR is emission data that is not subject to confidential 
treatment.  G/TBT/N/USA/2035  
 
- 2 - 
 
  The EPA will hold a virtual publ ic hearing on 30 August 2023. The hearing will convene at 
10:00 a.m.  Eastern T ime (ET) and will conclude at 4:00 p.m.  ET. The EPA may close the 
hearing 15 minutes after the last pre -registered speaker has testified if there are no 
additional speakers. The EPA will announce any further details at 
https://www.epa.gov/air -emissions -inventories/air -emissions -reporting -requirements -
aerr. Refer to section SUPPLEMENTARY INFORMATION in 88 Federal Register (FR) 54118  
for additional information on the public hearing.  
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) 54118, 16 August 2023; Title 40 Code of Federal Regulations 
(CFR) Parts 2 and 51:  
https://www.govinfo.gov/content/pkg/FR -2023-08-09/html/2023 -16158.htm  
https://www.govinfo.gov/content/pkg/FR -2023-08-09/pdf/2023 -16158.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OAR-2004-0489. The Docket 
Folder is available from Regulations.gov at https://www.regula tions.gov/docket/EPA -HQ-
OAR-2004-0489/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  by or before 4pm Eastern Time  on 18 October 
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 period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 October 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_11832_00_e.pdf