G/TBT/N/USA/1663  
28 October 2020  
(20-7543) 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) [1691]  
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 i f 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 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Marine  pollution control devices; Quality (ICS 03.120), Wastes (ICS 13.030), Water 
quality (ICS  13.060), Shipbuilding and marine structure s in general (ICS 47.020)  
5. Title, number of pages and language(s) of the notified document:  Vessel 
Incidental Discharge National Standards of Performance (86 page(s), in English)  
6. Description of content:  Proposed rule - The U.S. Environmental Protect ion Agency 
(EPA) is publishing for public comment a proposed rule under the Vessel Incidental 
Discharge Act that would establish national standards of performance for marine pollution 
control devices for discharges incidental to the normal operation of pri marily non -military 
and non -recreational vessels 79 feet in length and above into the waters of the United 
States or the waters of the contiguous zone. The proposed national standards of 
performance were developed in coordination with the U.S. Coast Guard (USCG) and in 
consultation with interested Governors. The proposed standards, once finalized and 
implemented through corresponding USCG regulations addressing implementation, 
compliance, and enforcement, would reduce the discharge of pollutants from vessel s and 
streamline the current patchwork of federal, state, and local vessel discharge 
requirements. Additionally, EPA is proposing procedures for states to follow if they choose 
to petition EPA to issue an emergency order, to review any standard of performa nce, 
regulation, or policy, to request additional requirements with respect to discharges in the 
Great Lakes, or to apply to EPA to prohibit one or more types of vessel discharges 
proposed for regulation in this rulemaking into specified waters to provide greater 
environmental protection.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment; Quality requirements  G/TBT/N/USA/1663  
 
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  8. Relevant documents:   
• 85 Federal Register (FR) 67818, 26 October 2020; Title 40 Code of Federal 
Regulations (CFR) Part 139:  
https://www.govinfo.gov/content/pkg/FR -2020-10-26/html/2020 -22385.htm  
https://www.govinfo.gov/content/pkg/FR -2020-10-26/pdf/2020 -22385.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OW-2019-0482. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket?D=EPA -
HQ-OW-2019-0482 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 will be shared with the regulator and will also be 
submitted to the Docket  on Regu lations.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:  25 November 2020  
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/2020/TBT/USA/20_6508_00_e.pdf