G/TBT/N/USA/1592  
20 March 2020  
(20-2272) 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 AME RICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA) [1619]  
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 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Hydrochlorofluorocarbon production and import; Environmental protection (ICS 13.020), 
Air quality (ICS 13.040), Production in the chemical industry (ICS 71.020), Products of the 
chemical industry (ICS 71.100)  
5. Title, number of pages and language(s) of the notified document:  Protection of 
Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC 
Productio n and Import, 2020 -2029; and Other Updates (44 page(s), in English)  
6. Description of content:  Final Rule - The U.S. Environmental Protection Agency is 
allocating  production and consumption allowances for specific hydrochlorofluorocarbons, a 
type of ozone -depleting substance, for the years 2020 through 2029. These 
hydrochlorofluorocarbons may be used to service certain equipment manufactured before 
2020. The EPA is also updating other requirements under the program for controlling 
production and consumptio n of ozone -depleting substances, as well as making edits to the 
regulatory text for improved readability and clarity. These updates include revising the 
labeling requirements for containers of specific hydrochlorofluorocarbons; prohibiting the 
transfer of hydrochlorofluorocarbon allowances allocated through this rulemaking into 
allowances for hydrochlorofluorocarbons that have already been phased out; requiring the 
use of an electronic reporting system for producers, importers, exporters, transformers, 
and destroyers of controlled ozone -depleting substances; revising and removing 
recordkeeping and reporting requirements; improving the process for petitioning to import 
used ozone -depleting substances for reuse, including by creating more flexibility for 
impor ts of used halon from certain halon banks and exempting imports of aircraft bottles 
containing halon 1211 for hydrostatic testing from the petition process; creating a 
certification process for importing both used and virgin ozone -depleting substances for 
destruction; and restricting the sale of known illegally imported substances. This rule 
includes clarifications to the certification requirements for methyl bromide quarantine and 
preshipment uses. The EPA is also adding polyurethane foam systems containin g ozone -
depleting chlorofluorocarbons to the list of nonessential products. Lastly, the Agency is 
updating the definition of "destruction" as used in the context of the production and 
consumption phaseout and removing obsolete provisions.  G/TBT/N/USA/1592  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Prevention of deceptive practices and 
consumer protection; Protection of the environment  
8. Relevant documents:   
• 85 Federal Register (FR) 1 5258, 17 March 2020; Title 40 Code of Federal 
Regulations (CFR) Part 82:   
https://www.govinfo.gov/content/pkg/FR -2020-03-17/html/2019 -28020.htm  
https://www.govinfo.gov/content/pkg/FR -2020-03-17/pdf/2019 -28020.pdf  
• Protection of Stratospheric Ozone: Adjustments to the Allowance System for 
Controlling HCFC Production and Import, 2020 -2029; and Other Updates; Proposed 
Rule published 14 August 2019:  
https://www.govinfo.gov/content/pkg/FR -2019-08-14/html/2019 -17018.htm  
https://www.govinfo.gov/content/pkg/FR -2019-08-14/pdf/2019 -17018.pdf  
• The docket folder on Regulations.gov provides access to primary and supporting 
documents for this rulemaking as well as the comments received: 
https://www.regulations.gov/docket?D=EPA -HQ-OAR-2016-0271 
• Protection of Stratospheric Ozone: Minor Amendments to the Regulations 
Implementing the Allowance System for Controlling HCFC Production, Import and 
Export, Proposed Rule published 20 July 2006 (notified as G/TBT/N/USA/201 ): 
https://www.govinfo.gov/content/pkg/FR -2006-07-20/html/E6 -11531.htm  
https://www.govinfo.gov/content/pkg/FR -2006-07-20/pdf/E6 -11531.pdf  
• Protection of Stratospheric Ozone: Minor Amendments to the Regulations 
Implementing the Allowance System for Controlling HCFC Production, Import and 
Export, Direct Final Rule published 20 July 2006:  
https://www.govinfo.gov/content/pkg/FR -2006-07-20/html/E6 -11532.htm  
https://www.govinfo.gov/content/pkg/FR -2006-07-20/pdf/E6 -11532.pdf  
9. Proposed date of adoption:  Amendatory instructions 9 and 11 are effective on 17 March 
2020. Amendatory instructions 2 through 8, 10 and 12 through 20 are effective 16 Apr il 
2020.  
Proposed date of entry into force:  For operational purposes under the Clean Air Act, 
the amendments to 40 CFR 82.15(g)(5) through (7) and 82.16 are effective as of 19 
December 2019 and the amendments to 40 CFR 82.3, 82.4, 82.9, 82.10, 82.12, 82.13 , 
82.14, 82.15(b), 82.15(g)(8), 82.23, 82.24, appendix K to subpart A of part 82, 82.62, 
82.64, 82.66, 82.104, 82.106, and 82.270 are effective as of 16 April 2020.  
10. Final date for comments:  None 
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_2096_00_e.pdf