G/TBT/N/USA/1556  
19 December 2019  
(19-8878) 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) [1583]  
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 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applica ble): Organic 
chemicals; Air quality (ICS 13.040), Production in the chemical industry (ICS 71.020), 
Organic chemicals (ICS 71.080)  
5. Title, number of pages and language(s) of the notified document:  National 
Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical 
Manufacturing Residual Risk and Technology Review (88 page(s), in English)  
6. Description of content:  The U.S. Environmental Protection Agency (EPA) is proposing 
amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) 
for the Miscellaneous Organic Chemical Manufacturing source category. The EPA is 
proposing decisions concerning  the residual risk and technology review (RTR), including 
proposing amendments pursuant to the technology review for equipment leaks and heat 
exchange systems, and also proposing amendments pursuant to the risk review to 
specifically address ethylene oxide  emissions from storage tanks, process vents, and 
equipment leaks. The EPA is also proposing amendments to correct and clarify regulatory 
provisions related to emissions during periods of startup, shutdown, and malfunction 
(SSM), including removing general  exemptions for periods of SSM, adding work practice 
standards for periods of SSM where appropriate, and clarifying regulatory provisions for 
certain vent control bypasses. Lastly, the EPA is proposing to add monitoring and 
operational requirements for fla res that control ethylene oxide emissions and flares used 
to control emissions from processes that produce olefins and polyolefins; and add 
provisions for electronic reporting of performance test results and reports, performance 
evaluation reports, and com pliance reports. We estimate that, if finalized, these proposed 
amendments (not including the potential excess emission reductions from flares) would 
reduce hazardous air pollutants (HAP) emissions from this source category by 116 tons 
per year (tpy) and w ould reduce ethylene oxide emissions from this source category by 
approximately 10 tpy.  
The comment period was originally to have closed 31 January 2020, but has been 
extended to 18 February 2020.  G/TBT/N/USA/1556  
 
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  7. Objective and rationale, including the nature of urgent  problems where 
applicable:  Protection of the environment  
8. Relevant documents:   
• 84 Federal Register (FR) 69182, 31 January 2020; Title 40 Code of Federal 
Regulations (CFR) Part 63:  
https://www.govinfo.gov/content/pkg/FR -2019-12-17/html/2019 -24573.htm  
https://www.govinfo.gov/content/pkg/FR -2019-12-17/pdf/2019 -24573.pdf  
• National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic 
Chemical Manufacturing Residual Risk and Technology Review, Proposed action; 
notification of public hearings and extension of comment period:  
https://www .govinfo.gov/content/pkg/FR -2019-12-17/html/2019 -27154.htm  
https://www.gov info.gov/content/pkg/FR -2019-12-17/pdf/2019 -27154.pdf  
• Supporting documents:  
https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentD
ueDate&po=0&dct=SR%2BO&D=EPA -HQ-OAR-2018-0746 
• G/TBT/N/USA/127  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 February 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/2019/TBT/USA/19_7345_00_e.pdf