G/TBT/N/USA/1938  
4 November 2022  
(22-8311) 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) [1969]  
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):  
Hydrofluorocarbons; Environmental protection (ICS code(s): 13.020); Production in the 
chemical industry (ICS code( s): 71.020); Products of the chemical industry (ICS code(s): 
71.100)  
5. Title, number of pages and language(s) of the notified document:  Phasedown of 
Hydrofluorocarbons: Allowance Allocation Methodology for 2024 and Later Years; (38 
page(s), in English)  
6. Description of content:  Proposed rule - The U.S. Environmental Protection Agency is 
proposing to amend existing regulations to implement certain provisions of the American 
Innovation and Manufacturing Act , as enacted on 27 December 2020. This rulemaking 
proposes to establish the methodology for allocating hydrofluorocarbon production and 
consumption allowances for the calendar years of  2024 through 2028. EPA is also 
proposing to amend the consumption baseline to reflect updated data and to make other 
adjustments based on lessons learned from implementation of the hydrofluorocarbon 
phasedown program thus far, including proposing to: codi fy the existing approach of how 
allowances must be expended for import of regulated substances; revise recordkeeping 
and reporting requirements; and implement other modifications to the existing 
regulations.  
7. Objective and rationale, including the natur e of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:   
87 Federal Register (FR) 66372, 3 November 2022; Title 40 Code of Federal Regulations 
(CFR) Part 84:  
https://www.govinfo.gov/content/pkg/FR -2022-11-03/html/2022 -23269.ht m G/TBT/N/USA/1938  
 
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  https://www.govinfo.gov/content/pkg/FR -2022-11-03/pdf/2022 -23269.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OAR-2022-0430. The Docket 
Folder is availab le on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OAR-2022-0430/document  and provides access to primary 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 co mments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 19 December 2022. 
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.  
G/TBT/N/USA/1735 and subsequent addenda  - Phasedown of Hydrofluorocarbons: 
Establishing the Allowance Allo cation and Trading Program Under the American 
Innovation and Manufacturing Act, identified by Docket Numbers EPA-HQ-OAR-2021-
0044 and EPA-HQ-OAR-2022-0755. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  19 December 2022  
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/2 022/TBT/USA/22_7474_00_e.pdf