G/TBT/N/USA/2055  
5 October 2023  
(23-6679) 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) [2086]  
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):  Volatile 
organic liquid storage vessels; Environmental protection (ICS code(s): 13.0 20); Fluid 
storage devices (ICS code(s): 23.020)  
5. Title, number of pages and language(s) of the notified document:  New Source 
Performance Standards Review for Volatile Organic Liquid Storage Vessels (Including 
Petroleum Liquid Storage Vessels); (19 page (s), in English)  
6. Description of content:  Proposed rule - The Environmental Protection Agency (EPA) is 
proposing amendments to the Standards of Performance for Volatile Organic Liquid 
Storage Vessels (Including Petroleum Liquid Storage Vessels) as the p reliminary results 
of the review of the New Source Performance Standards (NSPS) required by the Clean Air 
Act. The EPA is proposing revisions to the  NSPS that are applicable to volatile organic 
liquid (VOL) storage vessels that commence construction, reconstruction, or modification 
after 4 October 2023 under a new NSPS subpart. In the new NSPS subpart, the EPA is 
proposing to reduce the vapor pressure  applicability thresholds In addition, the EPA is 
proposing to revise the volatile organic compound (VOC) standards to reflect the best 
system of emissions reductions (BSER) for affected storage vessels. We are also 
proposing additional monitoring and oper ating requirements to ensure continuous 
compliance with the standard. In addition, the EPA is proposing degassing emission 
controls; clarification of startup, shutdown, and malfunction requirements; requirements 
for electronic reporting; and other technica l improvements. The EPA is also proposing to 
amend NSPS subpart Kb to apply to VOL storage vessels that commence construction, 
reconstruction or modification after 23 July 1984 and on or before 4 October 2023 and to 
add electronic reporting requirements.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  G/TBT/N/USA/2055  
 
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  8. Relevant documents:   
88 Federal Register (FR) 68535, 4 October 2023; Title 40 Code of Federal Regulations 
(CFR) Part 60 : 
https://www.govinfo.gov/content/pkg/FR -2023-10-04/html/2023 -21976.htm  
https://www.govinfo.gov/content/pkg/FR -2023-10-04/pdf/2023 -21976.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OAR-2023-0358. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OAR-2023-0358/document  and provides access to primary documents as well as 
comments received. Documents are als o 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 20 Novemb er 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:  20 November 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_12825_00_e.pdf